Bloomberg Law
Free Newsletter Sign Up
Bloomberg Law
Welcome
Go
Free Newsletter Sign Up

San Diego Officer Not Immune to Suit for Tackling, Punching Man

May 20, 2022, 9:09 PM

A San Diego policeman who chased, tackled, and punched a man who he observed with an open container of alcohol lost his bid for qualified immunity from a claim of excessive use of force, a split panel of the Ninth Circuit ruled Friday.

Officer Blake Williams can’t claim qualified immunity because he had “fair notice” that his conduct—repeatedly punching a facedown suspect who allegedly wasn’t resisting arrest—was unlawful, the US Court of Appeals for the Ninth Circuit said in an unpublished opinion.

Williams argued that he didn’t violate Marcus Briceno’s constitutional rights because Briceno ran from him and his hands ...