Long
Long v. Pend Oreille County Sheriff's Department
Opinion
lead Opinion
MEMORANDUM **
Patricia A. Long and Amaris J. Long appeal pro se from the district court’s summary judgment for defendants in their 42 U.S.C. § 1983 action alleging excessive force, false arrest, and destruction of property. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Edgerly v. City & County of San Francisco, 495 F.3d 645, 658 (9th Cir.2007). We affirm in part and reverse in part.
Patricia Long testified that a Sheriffs Department official hurt her shoulder when he forcefully lifted her arm behind her back at an unusual angle after arresting her for criminal trespass. She also testified that the official injured her thumb while handcuffing her, and she later required surgery for the injury. There is no indication in the record that she posed a risk to anyone’s safety or that she resisted arrest.
Taking the facts in the light most favorable to the Longs, a reasonable jury could find that the official used an unreasonable amount of force under the circumstances of this case. See Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (explaining that the test of reasonableness under the Fourth Amendment requires “careful attention…