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WINTERROWD v. NELSON

No. 04-35855.

480 F.3d 1181 (2007)

Ralph Kermit WINTERROWD, 2nd, Plaintiff-Appellee, v. Brad L. NELSON; John Cyr; Jorge Santiago, Defendants-Appellants, v. Leviticus Washington; Michael E. Burkmire; Del Smith; Dennis Casanovas, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2007.

Attorney(s) appearing for the Case

Gregg D. Renkes, Attorney General, Stephanie Galbraith Moore, Assistant Attorney General, Anchorage, AK, for the defendants-appellants.

Ralph Kermit Winterrowd 2nd, pro se, Knik, AK, for the plaintiff-appellee.

Before KOZINSKI, BERZON and TALLMAN, Circuit Judges.

KOZINSKI, Circuit Judge.

We consider a claim of qualified immunity for the use of force during an ordinary traffic stop.

Facts

Ralph Kermit Winterrowd 2d wasn't weaving across the road when the Alaska State Troopers pulled him over. He wasn't speeding. He didn't even coast through a stop sign. He was pulled over because the troopers suspected his plates were invalid.

As is typical in such circumstances, the troopers who pulled him over—...

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