Linda Senn v. Kyle Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LINDA SENN, No. 21-35293

Plaintiff-Appellee, D.C. No. 3:18-cv-01814-HZ

v.

MEMORANDUM*

KYLE SMITH,

Defendant-Appellant,

and

CITY OF PORTLAND; et al.,

Defendants.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted March 10, 2022 Portland, Oregon

Before: GRABER, BEA, and M. SMITH, Circuit Judges. Dissent by Judge BEA.

Defendant Kyle Smith, a deputy sergeant with the Multnomah County

Sheriff’s Office, timely appeals the district court’s denial of qualified immunity in

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. this 42 U.S.C. § 1983 action. Plaintiff Linda Senn alleges that Defendant violated

her Fourth Amendment right to be free of excessive force by pepper-spraying her

in the face during a protest in front of Portland City Hall. In this interlocutory

appeal,…