Smith v. North Las Vegas Police Department

The appellants appeal the denial of their motions for summary judgment on grounds of qualified immunity in an action alleging claims under 42 U.S.C. § 1983 . Jeffrey Smith (“Smith”), a former detainee at the North Las Vegas Detention Center, sued various police officers, officials at the detention center, and the city of North Las Vegas, on grounds of unlawful arrest, excessive force, and deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm, in part, and reverse, in part.

We review the district court’s decision to grant summary judgment on grounds of qualified immunity de novo. Hell’s Angels Motorcycle Corp. v. McKinley, 360 F.3d 930, 933 (9th Cir.2004). In ruling on qualified immunity, we must consider whether, “[tjaken in the light most favorable to the party asserting the injury, [] the facts alleged show the officer’s conduct violated a constitutional right” that is clearly established. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

Smith alleges that on January 27, 1998, he was arrested without probable cause by Officer Cardinale of the North Las Vegas Metropolitan Police Department because…