Kurt Butler v. Leonard Anakalea

MEMORANDUM

Kurt Butler, I, a former pretrial detainee, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference, excessive force, and unconstitutional conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Lolli v. County of Orange, 351 F.3d 410, 414 (9th Cir.2003). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Butler’s excessive force claim against defendant Manu because Butler failed to raise a genuine dispute of material fact as to whether Manu’s use of force against him was not “objectively reasonable.” Lolli, 351 F.3d at 415 (discussing the legal standard applicable to excessive force claims brought by pretrial detainees).

However, the district court improperly granted summary judgment on Butler’s remaining claims.

As to Butler’s excessive force claim against defendant Ferreira, Butler stated in his declaration that Ferreira slammed and pressed him against a concrete wall while he was handcuffed and not actively resisting. These facts create a triable dispute as to whether Ferreira’s use of force was objectively…