Brandon Smith v. City of Chandler

MEMORANDUM

Brandon Smith (“Brandon”) appeals the district court’s order granting summary judgment in favor of Officer Keith Smith (“Officer Smith”) on Brandon’s Fourth Amendment excessive force claim and the City of Chandler on Brandon’s state law negligence claim. Brandon also appeals the district court’s order granting attorney’s fees and non-taxable costs to the defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse the grant of summary judgment and vacate the award of fees and costs.

1. We review a grant of summary judgment de novo and take the facts in the light most favorable to the non-moving party. Scott v. Harris, 550 U.S. 372, 377-78 , 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007); Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir. 1994). We construe the district court’s order as a grant of summary judgment on the merits of the Fourth Amendment claim. We conclude that material disputes of fact exist and that the district court therefore erred in granting summary judgment. We are well aware that “police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving— about the amount of force that…