Shields

Shields v. Placer County

Good Law
24 F. App'x 819
United States Court of Appeals for the Ninth CircuitDecember 21, 2001No. 00-17106; D.C. No. CV-99-00025-GEBCalifornia363 words

Opinion

Lead Opinion

MEMORANDUM **

Valerie and Douglas Shields appeal the district court’s entry of summary judgment on their 42 U.S.C. § 1983 claim for excessive force against Deputy Sheriff Gray (“Gray”) and Placer County. We affirm. Because the facts and the procedural history are familiar to the parties, we recount them here only to the extent necessary to explain our rationale.

Under the Fourth Amendment, police may use only such force as is objectively reasonable under the circumstances. Graham v. Connor, 490 U.S. 386, 397 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). “Excessive force claims ... are evaluated for objective reasonableness based upon the information the officer had when the conduct occurred.” Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 2159, 150 L.Ed.2d 272 (2001). The determination of whether force used is excessive or reasonable requires a “balancing of the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the *821 countervailing governmental interests at stake.” Graham, 490 U.S. at 396 (quoting Tennessee v. Garner, 471 U.S. 1, 8 , 105 S.Ct. 1694 , 85 L.Ed.2d 1 (1985) (internal marks omitted)). The most important single factor is…

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