Myers

Johnson v. Myers

Good Law
129 F.4th 1189
United States Court of Appeals for the Ninth CircuitMarch 3, 202524-349California2,913 words

Opinion

Opinion

I. Background

On April 14, 2019, several Seattle police officers responded to a 911 call made by Katy Nolan. In the call, Nolan said that her boyfriend, Ryan Smith, was being “abusive.” When the officers arrived at the apartment building, Nolan was outside. Smith was in an upstairs apartment. In response to a telephone call from the officers, he came downstairs and spoke to the officers outside the building. He was unarmed. Officer Muoio later recalled in a sworn declaration that Smith spoke with Officer Beecroft, and that “Officer Beecroft built an awesome rapport with him.” Smith told the officers that he suffered from depression, that he took medication, and that he was not suicidal. Nolan and Smith told the officers that there was “just an argument.” Nolan left to spend “a few nights” at a friend’s house. The officers did not arrest Smith.

JOHNSON V. MYERS

Almost four weeks later, on May 8, 2019, Nolan again called 911, telling the operator that Smith was threatening to kill both himself and her with a knife. She said, “Please get him out. I’ve been trying to get him to leave and he won’t leave.” She said that Smith said that blood was everywhere, but…

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