Cluse

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 29 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

DANIEL WILLIAM CLUSE, No. 24-2045 D.C. No. Plaintiff - Appellee, 3:21-cv-08169-SMB-DMF v. MEMORANDUM*

TRAVIS JAMES ROWDEN, in his individual and official capacities,

Defendant - Appellant,

and

COUNTY OF COCONINO, JIM

DRISCOLL, Sheriff,

Defendants.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Argued and Submitted November 19, 2024 San Jose, California

Before: GRABER, FRIEDLAND, and BUMATAY, Circuit Judges. Dissent by Judge BUMATAY.

Plaintiff Daniel William Cluse brought this excessive-force action, pursuant

to 42 U.S.C. § 1983, against Coconino County and officers from the County

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sheriff’s Department, including, as relevant here, Deputy Sheriff Travis James

Rowden. The district court denied…