Bradshaw

Bradshaw v. Stoller

Good Law
58 F. App'x 278
United States Court of Appeals for the Ninth CircuitFebruary 6, 2003No. 02-55160; D.C. No. CV-00-01722-BTMCalifornia873 words

Opinion

Lead Opinion

*279 MEMORANDUM **

Preston Bradshaw appeals the district court’s order granting summary judgment in favor of officers Susan Stoller, John Pearsley, five unnamed city employees, and the City of El Cajon 1 on his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

While the district court found triable issues existed as to the reasonableness of Bradshaw’s arrest, it nonetheless granted summary judgment, finding that the officers were immune from suit. A police officer is immune from § 1983 liability unless (i) “the officer’s conduct violated a constitutional right;” and (ii) “the right was clearly established,” i.e., “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); see also Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043, 1050 (9th Cir.2002).

Resolving, as did the district court, all disputed facts in Bradshaw’s favor, Estate of Ford, 301 F.3d at 1045 , the first Saucier prong is met. Bradshaw alleges that the police handcuffed and arrested him for resisting an officer under California Penal Code § 148(a) after…

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