Rogers v. City of Kennewick

MEMORANDUM *

Defendants, former and current police officers of the City of Kennewick, Washington, appeal from the district court’s orders denying summary judgment on the defense of qualified immunity. We have jurisdiction to review orders under the collateral order doctrine, Watkins v. City of Oakland, 145 F.3d 1087, 1091 (9th Cir.1998), and we affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court did not err in concluding that the officers effected an unconstitutional seizure of Rogers in violation of the Fourth Amendment. A Fourth Amendment seizure occurs “when there is a governmental termination of freedom of movement through means intentionally applied.” Brower v. County of Inyo, 489 U.S. 593, 597 , 109 S.Ct. 1378 , 103 L.Ed.2d 628 (1989)(emphasis omitted). The officers argue that there can be no Fourth Amendment seizure in this case because they did not intend to seize Rogers. Under Brower, “[a] seizure occurs even when an unintended person or thing is the object of the detention or [underjtaking, but the detention or taking itself must be willful.” Id. at 596 , 109 S.Ct. 1378…