Sanders

Sanders v. City of Fresno

Good Law
340 F. App'x 377
United States Court of Appeals for the Ninth CircuitJuly 21, 2009No. 08-16077California466 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Lavette Sanders appeals the district court’s grant of summary judgment to Defendants-Appellees City and County of Fresno (Fresno) and five police officers: Jerry Dyer, Richard Paul Brown, Eloy Escareneo, Jessee Herring and Beau Burger (the Officers). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision.

The district court did not err in granting summary judgment to the Officers on Sanders’s 42 U.S.C. § 1983 action because *378 Sanders failed to raise a triable issue of fact as to whether the Officers used unreasonable force to arrest her husband, Michael. Judging them actions “from the perspective of a reasonable officer on the scene,” the Officers acted reasonably in initiating the use of force against Michael to protect Sanders from apparent danger, and then in continuing to use force to subdue Michael, who was actively resisting arrest. Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). The amount of force used was not unreasonable under the circumstances. See id. at 396-97 , 109 S.Ct.…

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