Read

MEMORANDUM *

Michelle Read appeals the district court’s grant of summary judgment in favor of the defendants. She alleges that in detaining her, Defendants Begbie and Cardella used excessive force in violation of the Fourth Amendment. 1 The district court determined that the officers were entitled summary judgment on the basis of qualified immunity. In its qualified immunity analysis, the court applied the first prong of the two-prong test articulated in Saucier v. Katz 2 and concluded that, on the evidence presented, a trier of fact could not find that the officers used excessive force.

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and we reverse and remand.

I.

Resolving all disputed facts in Read’s favor, as we must when reviewing a motion *37 for summary judgment, Jackson v. Bremerton, 268 F.3d 646 , 650 (9th Cir.2001), we conclude that a jury could find excessive force was used when Sargeant Cardella tripped Read, causing her to fall, and subsequently picked her up by the handcuffs. On Read’s version of the facts, Read states that she believed the officer had indicated that it was okay for her to enter the house to retrieve her son and did not hear any…

dissenting.

Although the force used on Read may seem infelicitous in hindsight, I disagree that the officers are not entitled to qualified immunity based on their reasonable perspective at the time. The officers went to the house after receiving a 911 call reporting a violent domestic disturbance. Just as the combatants were separated, Read pulled up in her car, spoke briefly to one officer, and hustled toward the house. At this point, a different officer (Cardella) noticed Read for the first time. He and another officer standing nearby had no idea who Read was, why she was there, whether she had permission to enter the house, or what she planned to do once inside. She did not tell the officers who Dylan was. It is undisputed that Cardella told Read to “stop” and to identify herself, although Read claimed that she didn’t hear him. When she kept on going into the house, the officers ran after her. They put her on a couch. Read was yelling and screaming. They tripped and handcuffed her. She said she couldn’t stand up so the officers lifted her to her feet. In the process, Read’s head was jarred and her skin was broken by the handcuffs.

As it turns out, Read did not actually pose…