Saccoccio

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 15 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID SACCOCCIO, No. 25-66 D.C. No. Plaintiff - Appellant, 2:20-cv-01141-DJH-CDB v.

MEMORANDUM*

CITY OF PHOENIX, a municipal corporation, JERI WILLIAMS, Chief of Police of the City of Phoenix Police Department, DOUGLAS MCBRIDE,

Defendants,

and

ERIC GOMEZ, City of Phoenix Police Officer, #7977,

Defendant - Appellee.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted January 6, 2026 Phoenix, Arizona

Before: HAWKINS, RAWLINSON, and M. SMITH, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff, David Saccoccio (“Saccoccio”), sued the City of Phoenix Police and

Officer Eric Gomez (“Gomez”), after Gomez shot Saccoccio with a less-lethal round

during the first night of a mandatory curfew issued in response to the civil unrest in

late May 2020. Saccoccio appeals the…