Felarca v. Birgeneau

The Ninth Circuit reversed the district court's denial of qualified immunity to defendants, University of California officials, for the use of batons against protesters by University police officers during the Occupy Wall Street movement in 2011. Regarding direct force claims, the panel held that Sergeant Tucker and Officer Lachler did not use excessive force against four plaintiffs and they were entitled to use the minimal force they did to move the crowd in order to gain access to the tents erected in violation of university policy. Regarding the supervisory force claims, the panel held that the district court erred by denying summary judgment to some defendants, who were not in the police chain of command, and had no supervisory authority over the police who allegedly committed the violations. The panel also held that other defendants did not have sufficient personal involvement in the alleged acts of force. Finally, regarding supervisory force claims, some plaintiffs either failed to identify officers who used excessive force, or plaintiffs had not shown a violation of a clearly established right. View "Felarca v. Birgeneau" on Justia Law