Andres Dominguez v. City of Scottsdale

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 8 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDRES DOMINGUEZ, No. 22-15454

Plaintiff-Appellee, D.C. No. 2:21-cv-00089-SRB-MTM v.

CITY OF SCOTTSDALE, a municipality; et MEMORANDUM* al.,

Defendants-Appellants.

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding

Argued and Submitted March 7, 2023 Las Vegas, Nevada

Before: CLIFTON, BENNETT, and DESAI, Circuit Judges.

City of Scottsdale police officers Daniel Koller and Nikolas McElley

(“Officers”) appeal the district court’s denial of summary judgment on their

qualified immunity defense to Andres Dominguez’s 42 U.S.C. § 1983 excessive

force claim. The City of Scottsdale appeals the district court’s denial of summary

judgment on Dominguez’s state law negligent supervision and training claim against

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the City. We affirm in part and dismiss in part.

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