Patrick Nelson v. Nicholas Weber

FILED

NOT FOR PUBLICATION

AUG 4 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICK W. NELSON; COLETTE No. 20-35562

RAPP,

D.C. No. 3:16-cv-05680-BHS Plaintiffs-Appellants,

v. MEMORANDUM*

NICHOLAS WEBER, Department of Corrections Officer,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted October 4, 2021 Portland, Oregon

Before: W. FLETCHER, IKUTA, and BRESS, Circuit Judges.

Plaintiffs Patrick Nelson and Collette Rapp appeal from a grant of summary

judgment to Defendant Nicholas Weber. At the time of the incident at issue,

Weber was employed by the Washington Department of Corrections, but was

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. serving as a Special Deputy of the United States Marshal Service (“USMS”).

Plaintiffs argue that Weber’s use of his vehicle and discharge of his firearm in the

course of apprehending…