Daniel Turner v. Stephanie Johnigan

facts necessary to decide this appeal. 2 either prong fails. See Shafer v. County of Santa Barbara, 868 F.3d 1110, 1115

(9th Cir. 2017).

A constitutional right is clearly established for purposes of qualified

immunity if the right’s contours were “sufficiently clear” so that “a reasonable

official would understand that what [she did] violate[d] that right.” Anderson v.

Creighton, 483 U.S. 635, 640 (1987). Turner primarily relies on two cases the

district court discussed in its order denying Johnigan’s request for qualified

immunity: Mattos v. Agarano, 661 F.3d 433 (9th Cir. 2011) (en banc) [hereinafter

Mattos II], and Meyers v. Baltimore County, 713 F.3d 723 (4th Cir. 2013).

In Mattos II, our en banc court reviewed two cases: Brooks v. City of Seattle,

599 F.3d 1018 (9th Cir. 2010), and Mattos v. Agarano, 590 F.3d 1082 (9th Cir.

2010). Brooks was pregnant when she was pulled over for speeding while driving

her son to school. Mattos II, 661 F.3d at 436. Brooks refused the officers’

direction to get out of the car, they tried to physically remove her from her car, and

she clutched the steering wheel to frustrate their efforts. Id. at 437. One of the

officers tased…