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NAVA v. CITY OF DUBLIN

No. 95-16209.

121 F.3d 453 (1997)

Scott Bennett NAVA, individually and as the duly appointed administrator of the estate of Randolph Bennett, Plaintiff-Appellee, v. CITY OF DUBLIN, Defendant, and California Highway Patrol; Maurice Hannigan, Commissioner; James A. Williams, individually and in his official capacity as a California Highway Patrol Officer; Craig Howard Whitty, individually and in his official capacity as a California Highway Patrol Officer, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1997.

Attorney(s) appearing for the Case

Tyler B. Pon, Supervising Deputy Attorney General of the State of California, Wilfred T. Fong, Deputy Attorney General, San Francisco, CA, for Defendants-Appellants.

Dennis P. Reardon, San Francisco, CA, Andrew C. Schwartz, Rachel K. Bernstein, Brian T. Moore, Casper, Meadows & Schwartz, Walnut Creek, CA, for Plaintiff-Appellee.

Before: SKOPIL and FLETCHER, Circuit Judges, and RHOADES, District Judge.

Opinion by Judge SKOPIL; Concurrence by Judge FLETCHER.

SKOPIL, Circuit Judge:

We examine in this appeal the propriety of the district court's entry of a permanent injunction preventing the California Highway Patrol ("CHP") from authorizing its officers to apply the carotid hold, a type of chokehold used to subdue resisting suspects, unless application of the chokehold is necessary to prevent death or serious bodily harm to an officer or third party.

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