Pearson

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 AKAYSIA PEARSON, et al., Case No. 20-cv-05726-CRB

Plaintiffs,

ORDER GRANTING MOTION FOR

v.

SUMMARY JUDGMENT

STATE OF CALIFORNIA, et al., Defendants.

13 Qualified immunity protects officers from being sued for damages unless they have violated clearly established law. To determine whether an officer is entitled to qualified immunity, the question is not whether the officer could have handled an incident better. Rather, the inquiry looks to the officer’s action from his perspective during the incident— without the benefit of hindsight. In this case, Plaintiffs have not shown that all reasonable officers would know that, under the circumstances that unfolded before the Defendants, pepper-spraying fighting cellmates and handcuffing a resisting inmate who was in prone position would violate the Eighth and Fourteenth Amendments. The officers are therefore entitled to summary judgment on the Section 1983 claims in their favor. I. BACKGROUND 24 …