Jordan Branscum v. San Ramon Police Dept

MEMORANDUM

Plaintiff-Appellee Jordan Edward Branscum brought this § 1983 action, alleging that San Ramon Police Department officers subjected him to excessive force in violation of the Fourth Amendment. The individual officers appeal from the denial of their motion for summary judgment based on qualified immunity. We review de novo, Rodis v. City, Cnty. of S.F., 558 F.3d 964, 968 (9th Cir.2009), and affirm.

1. Branscum led police on a lengthy, late-night, high-speed chase, nearly hit several officers with his van, and endangered the public in various ways. When his van came to a stop after colliding with a pole, the circumstances were extremely threatening for the officers. The spinning tires of the van, which was still running, created a cloud of smoke, and, as far as the officers knew, the van could contain other individuals. Branscum got out of the van, as ordered, and lay on the ground.

The district court held that the officers were not entitled to qualified immunity because of genuine disputes of fact with regard to what occurred next. The officers submitted evidence that, just as Officer Jonathan Stephens sought’ to place handcuffs on Branscum, Branscum began to resist,…