Rosalia
Rosalia v. Hayward
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ANN ROSALIA, et al., Case No. 21-cv-00380-VC
Plaintiffs,
ORDER GRANTING SUMMARY
v. JUDGMENT
CITY OF HAYWARD, et al., Re: Dkt. No. 42 Defendants.
In excessive force cases like this one, police violate the Fourth Amendment where their actions prove objectively unreasonable “given the totality of the circumstances.” Nehad v. Browder, 929 F.3d 1125, 1132 (9th Cir. 2019). Courts “must balance the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion.” United States v. Place, 462 U.S. 696, 703 (1983); see also Tennessee v. Garner, 471 U.S. 1, 8 (1985). Each case presents its own unique context, but some key factors in the analysis include “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Graham v. Connor, 490 U.S. 386, 396 (1989). The “most important” factor, the Ninth Circuit instructs, is whether the…