George Tillett v. City of Bremerton

Good Law
471 F. App'x 611
United States Court of Appeals for the Ninth CircuitMarch 6, 201211-35103California1,646 words

Opinion

Opinion

George and Grace Tillett (“Appellants”) filed this action based on injuries George Tillett received when he was forcibly detained during the execution of a warrant to search his son’s residence and seize evidence of a violation of a Washington state law prohibiting the distribution of a controlled substance. In their complaint, Appellants alleged that they were entitled to damages for violation of state and federal law by the named defendants.

Appellees filed a motion for summary judgment in which they alleged that Appellants could not demonstrate that there was a genuine issue of fact in dispute about whether the named defendants had violated state or federal law. We affirm the order granting Appellees’ motion for summary judgment because the record shows that in their opposition, Appellants failed to rebut Appellees’ evidence that any injury suffered by George Tillett was caused by his resistance to being restrained to protect officers engaged in executing a valid search warrant.

I

In support of their motion for summary judgment, the Defendants presented the following facts. Police officers of the City of Bremerton, acting pursuant to a search warrant, entered the residence…

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