Richard Thompson v. Kevin Lake

MEMORANDUM

Richard Thompson and Kevin Batter-shell brought this action under 42 U.S.C. § 1983 against six police officers employed by the City of Sparks, Nevada. The district court granted summary judgment to the Sparks police officers, concluding that they were entitled to qualified immunity. Thompson and Battershell appealed.

We review questions of qualified immunity de novo. Davis v. City of Las Vegas, 478 F.3d 1048, 1053 (9th Cir.2007). We reverse and remand.

The district court erred in concluding that the Sparks police officers were entitled to qualified immunity with respect to allegations that they used excessive force by subjecting Battershell to excessively tight handcuffing. It is clearly established that “overly tight handcuffing can constitute excessive force.” Wall v. Cnty. of Orange, 364 F.3d 1107, 1112 (9th Cir.2004); see also Meredith v. Erath, 342 F.3d 1057, 1063 (9th Cir.2003) (holding that “to place and keep [a person] in handcuffs that were so tight that they caused her unnecessary pain violated her Fourth Amendment right to be free from an unreasonable seizure”). Here, a jury could credit Battershell’s account that his handcuffs were excessively tight and…