Estate of Tapueluelu v. City & County of San Francisco

Good Law
268 F. App'x 639
United States Court of Appeals for the Ninth CircuitMarch 5, 2008No. 06-15638California692 words

Opinion

lead Opinion

MEMORANDUM **

Plaintiffs-Appellants, the estate of Fi-nau Tapueluelu, his wife Jean Faalantina, and his minor children 1 (collectively “the Tapueluelus”) appeal the district court’s grant of summary judgment in favor of Defendants-Appellees, the City and County of San Francisco (“the City”), and sev *640 eral officers of the San Francisco Sheriffs Department (“the officers”). 2 We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The Tapueluelus claim that the officers used excessive force on Mr. Tapueluelu, in violation of the Fourth Amendment. A Fourth Amendment claim of excessive force is analyzed under the fi-amework set forth by the Supreme Court in Graham v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). A court must balance the “nature and quality of the intrusion” on a person’s liberty with the “countervailing governmental interests at stake” to determine whether the use of force was objectively reasonable under the circumstances. Id. at 396 , 109 S.Ct. 1865 . To evaluate the “nature and quality of the intrusion,” this court “assess[es] the quantum of force used [] by…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.