Jolie Savage v. Paul Segura

facts in the light most favorable to Savage, WPD had blocked off Washington

Avenue to all non-caravan traffic, both pro-police and anti-police demonstrators

walked through the street, and the caravan cars traveled at extremely slow speeds

while frequently stopping. Savage’s version of the facts, moreover, is not

“blatantly contradicted” by the video evidence. Scott v. Harris, 550 U.S. 372, 380

(2007). On these facts, there is no indication that Savage walking among the

caravan cars posed an immediate hazard or that she “unexpectedly assert[ed her]

right-of-way” such that it was “virtually impossible to avoid an accident.” Spann v.

Ballesty, 276 Cal. App. 2d 754, 761 (1969). Nor is there any indication that Savage

posed an immediate hazard to others based on these Vehicle Code provisions. See

People v. Ramirez, 140 Cal. App. 4th 849, 853–54 (2006).2 And Savage’s right to

be free of unlawful arrest was clearly established at the time of the incident, as she

was “unarmed, posed no threat to anyone, and w[as] not engaged in any criminal

activity.” Nicholson v. City of Los Angeles, 935 F.3d 685, 691 (9th Cir. 2019).

The WPD Officers also argue that Officers Przybyl,…