Kenard Thomas v. County of Sacramento

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENARD THOMAS, No. 20-16443

Plaintiff-Appellant, D.C. No. 2:18-cv-02048-JAM-DB v.

COUNTY OF SACRAMENTO; SCOTT MEMORANDUM*

JONES; NICHOLAS RUSSELL,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted October 5, 2021 San Francisco, California

Before: THOMAS, Chief Judge, and CLIFTON and FRIEDLAND, Circuit Judges.

Kenard Thomas brought a lawsuit under 42 U.S.C. § 1983 against

Sacramento County deputy Nicholas Russell alleging that Russell used excessive

force in violation of the Fourth Amendment by shooting Thomas during the search

of a home. Russell successfully moved for summary judgment on the basis of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. qualified immunity. We reverse.

To resolve questions of qualified immunity at…