J.H.
J.H. v. United States District Court for the Central District of California, Los Angeles
138 F.4th 1347
United States Court of Appeals for the Ninth CircuitJune 5, 202525-3472California592 words
Opinion
Opinion
FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 5 2025
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: J.H. No. 25-3472 _________ D.C. No. 24CR-00527 Central District of California,
J.H.,
Los Angeles Petitioner. ORDER
v.
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF
CALIFORNIA, LOS ANGELES,
Respondent.
TREVOR JAMES KIRK; UNITED
STATES OF AMERICA,
Real Parties in Interest.
Before: Kim McLane Wardlaw, Gabriel P. Sanchez, and Anthony D. Johnstone, Circuit Judges.
Petitioner J.H. is a victim of excessive force carried out by a Los Angeles
Deputy Sheriff (“Defendant”). A jury returned a guilty verdict against Defendant
for a felony violation of 18 U.S.C. § 242, finding that he deprived J.H. of her
constitutional right to be free from excessive force under color of law. Before
sentencing, the district court granted the Government’s motion under Federal Rule of Criminal Procedure 48(a) to dismiss the allegations in the indictment that made