Arnold

Arnold v. City of Boulder City

Good Law
338 F. App'x 578
United States Court of Appeals for the Ninth CircuitJune 17, 2009No. 08-15450California369 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth Arnold (“Arnold”), as personal representative of the Estate of Robert *579 Earl Parker (“Parker”), appeals from the district court’s grant of summary judgment to the City of Boulder City (“Boulder City”), Officer Joseph “Tony” Norte (“Norte”), and Officer Daniel (“Daniel”) in his 42 U.S.C. § 1983 suit alleging excessive use of force in violation of the Fourth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Long v. City and County of Honolulu, 511 F.3d 901, 905 (9th Cir.2007), and viewing the evidence in the light most favorable to Arnold, we affirm.

The district court correctly determined that claims alleging excessive use of force are governed by the reasonableness standard set forth in Graham v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). To decide whether the force the officers used against Parker was reasonable, we must undertake a “careful balancing of ‘the nature and quality of the intrusion on [Parker’s] Fourth Amendment interests’ against the countervailing governmental interests at stake.” Id. at 396 , 109 S.Ct. 1865 (internal citation omitted). While we recognize Parker’s poor health and advanced age…

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