Marcus Briceno v. Blake Williams

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 20 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARCUS D. BRICENO, No. 21-55624

Plaintiff-Appellee, D.C. No. 3:16-cv-01665-JAH-AGS v.

BLAKE WILLIAMS, San Diego Police MEMORANDUM* Officer,

Defendant-Appellant,

and

CHRIS CUMMINGS, San Diego Police Officer,

Defendant.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding

Argued and Submitted March 9, 2022 Pasadena, California

Before: BERZON, TALLMAN, and FRIEDLAND, Circuit Judges. Dissent by Judge TALLMAN.

In this § 1983 excessive force case, Blake Williams, an officer with the San

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Diego Police Department, appeals the denial of his motion for summary judgment

based on qualified immunity.

Our jurisdiction over an interlocutory appeal from the denial of summary

judgment based on qualified immunity is limited. See Mitchell v. Forsyth,…