Ramon Cortesluna v. Manuel Leon

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAMON CORTESLUNA, No. 19-15105 Plaintiff-Appellant, D.C. No. v. 3:17-cv-05133-

JSC

MANUEL LEON; ROBERT KENSIC;

DANIEL RIVAS-VILLEGAS; CITY OF

UNION CITY, California, ORDER Defendants-Appellees.

On Remand from the United States Supreme Court

Filed January 12, 2022

Before: Ronald Lee Gilman,* Susan P. Graber, and Daniel P. Collins, Circuit Judges.

Order

* The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. SUMMARY**

Civil Rights

On remand from the United States Supreme Court, the panel affirmed the district court’s dismissal of the federal claims against Defendant Daniel Rivas-Villegas and remanded to the district court for consideration of the other elements of Plaintiff’s Monell claim, noting that the Supreme Court’s holding that Rivas-Villegas did not violate clearly established law left undisturbed the majority’s conclusion that Rivas-Villegas used excessive force.

With respect to Plaintiff’s…