Chp

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TODD D’BRAUNSTEIN, No. 22-55237 Conservator over Steven D’Braunstein and his Estate, D.C. No. 8:19-cv-01553- Plaintiff-Appellant, JVS-KES

v.

OPINION

CALIFORNIA HIGHWAY PATROL;

SAMANTHA DIAZ-DURAZO,

California Highway Patrol Officer; DOES, 1 through 100, inclusive,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding Argued and Submitted June 26, 2024 Seattle, Washington Filed March 12, 2025 Before: Kenneth K. Lee, Daniel A. Bress, and Salvador Mendoza, Jr., Circuit Judges.

Opinion by Judge Bress; Partial Dissent by Judge Lee D’BRAUNSTEIN V. CHP

SUMMARY *

Qualified Immunity/Medical Care

The panel reversed the district court’s summary judgment for California Highway Patrol Officer Samantha Diaz-Durazo on qualified immunity grounds in Steven D’Braunstein’s 42 U.S.C. § 1983 action alleging that he was denied adequate medical care. D’Braunstein was involved in a serious single-vehicle accident. Durazo arrived at the scene of the…