Jimenez

Jimenez v. City of Costa Mesa

Good Law
174 F. App'x 399
United States Court of Appeals for the Ninth CircuitApril 5, 2006No. 04-55948California1,793 words

Opinion

Lead Opinion

MEMORANDUM **

Carmen Jimenez, Sonya Jimenez, Tony Maae, Lorena Maae and Humberto Men-chaca appeal from the district court’s grant of summary judgment in favor of Officers Le, Torres, Bates and Chamberlin on the basis of qualified immunity. Ml five appellants brought claims under 42 U.S.C. § 1983 alleging use of excessive force; Sonya Jimenez also alleged false arrest. The alleged violations occurred when officers responded to a 911 call reporting an altercation at an El Torito restaurant. Because the parties are familiar with the facts and procedural history of the case, we do not recite them here. We affirm the district court’s grant of summary judgment with respect to all claims except for Carmen Jimenez’s excessive force claim against Officer Le and Humberto Menchaca’s excessive force claim against Officer Bates.

We review the district court’s decision de novo. Sorrels v. McKee, 290 F.3d 965, *402 969 (9th Cir.2002). We use the following test in determining qualified immunity claims on a summary judgment motion: “Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right?” Saucier v.…

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