Young

This case arises from a traffic stop for a seatbelt violation in which Los Angeles County Sheriffs Deputy Richard Wells pepper sprayed Mark Anthony Young and struck him with a baton after Young exited his vehicle and disobeyed Wells’s order to reenter it. Young filed this action against Wells and the County of Los Angeles, claiming that Wells’s use of force was excessive under the Fourth Amendment, and also that Wells’s conduct constituted false imprisonment and negligence under California tort law. The district court granted summary judgment to the defendants on all of Young’s claims. We affirm the grant of summary judgment on Young’s false imprisonment claim. However, because we conclude that the use of intermediate force is unreasonable when an officer has detained a suspect for minor infractions and the suspect clearly poses no threat to the officer or the public safety, we reverse as to Young’s excessive force and negligence claims.

I.

Because on summary judgment the evidence of the non-moving party is assumed to be true, see Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir.2010), we set forth the facts as alleged by Young, noting only those factual disagreements…