Zachary Rosenbaum v. City of San Jose

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ZACHARY ROSENBAUM, No. 22-16863

Plaintiff-Appellee, D.C. No. 5:20-cv- v. 04777-NC

CITY OF SAN JOSE; BRET

HATZENBUHLER, SAN JOSE OPINION

POLICE DEPARTMENT

SERGEANT; HYMEL DUNN,

RYAN FERGUSON, FRANCISCO

VALLEJO, GARY ANDERSON,

SAN JOSE POLICE DEPARTMENT

OFFICERS,

Defendants-Appellants,

Appeal from the United States District Court for the Northern District of California Nathanael M. Cousins, Magistrate Judge, Presiding Argued and Submitted February 8, 2024 San Francisco, California

Filed July 11, 2024

Before: Ryan D. Nelson, Danielle J. Forrest, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge Sanchez SUMMARY *

Excessive Force/Qualified Immunity/Police Dogs

The panel affirmed the district court’s denial of qualified immunity to City of San Jose police officers in an action alleging that the officers used excessive force when they deployed a police dog that allegedly bit plaintiff Zachary Rosenbaum for more than twenty seconds after he had surrendered and lay prone on his…