Boyd

Boyd v. Benton County

Good Law
374 F.3d 773
United States Court of Appeals for the Ninth CircuitJune 28, 2004Nos. 02-35776, 02-35777California5,146 words

Opinion

Lead Opinion

Gonzalez, J.

Kristianne Boyd brought suit under 42 U.S.C. § 1983 against members of the Corvallis Police Department (“CPD”) and the City of Corvallis (the “City”) (together the “City defendants”) and members of the Benton County SWAT Team and Benton County (together the “County defendants”) (collectively, “Defendants”) for vio *776 lation of her Fourth Amendment rights during the execution of a search warrant. Specifically, Boyd argues that the use of a “flash-bang” device constituted excessive force under the circumstances. The flash-bang grenade is a lighVsound diversionary device designed to emit a brilliant light and loud noise upon detonation. Its purpose is to stun, disorient, and temporarily blind its targets, creating a window of time in which police officers can safely enter and secure a potentially dangerous area. On summary judgment, the district court found that all individual defendants were entitled to qualified immunity and that Boyd’s Monell 1 claim against the City of Corvallis failed for lack of evidence. On appeal, Boyd challenges the district court’s findings as to both qualified immunity and her Monell claim. Defendants cross-appeal, arguing that the district court should…

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