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NELSON v. CITY OF DAVIS

Nos. 10-16256, 10-16257, 10-16258.

685 F.3d 867 (2012)

Timothy C. NELSON, Plaintiff-Appellee, v. CITY OF DAVIS; Calvin Handy; Michael Mason, Sergeant; Javier Barragan, Officer; Brandon Jones, Officer; Calvin Chang, Officer; M. Garcia, Officer, Individually; Does, 1-100, Defendants, and James Hyde, individually and in his official capacity as Chief of Police for the City of Davis; John Wilson, Sergeant, individually and in his official capacity as a Sergeant for the City of Davis, Defendants-Appellants. Timothy C. Nelson, Plaintiff-Appellee, v. City of Davis; James Hyde, individually and in his official capacity as Chief of Police for the City of Davis; John Wilson, Sergeant, individually and in his official capacity as a Sergeant for the City of Davis; Calvin Handy; Michael Mason, Sergeant; Javier Barragan, Officer; Brandon Jones, Officer; M. Garcia, Officer, individually; Does, 1-00, Defendants, and Calvin Chang, Officer, Defendant-Appellant. Timothy C. Nelson, Plaintiff-Appellee, v. City of Davis; James Hyde, individually and in his official capacity as Chief of Police for the City of Davis; John Wilson, Sergeant, individually and in his official capacity as a Sergeant for the City of Davis; Michael Mason, Sergeant; Brandon Jones, Officer; Calvin Chang, Officer; Does, 1-100, Defendants, and Javier Barragan, Officer; Calvin Handy; M. Garcia, Officer, individually, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2012.

Attorney(s) appearing for the Case

John A. Whitesides (argued), Sacramento, CA, for defendants-appellants James Hyde and John Wilson.

Don Willenburg (argued), Michael T. Lucey , Mark S. Posard , San Francisco, CA, for defendants-appellants Javier Barragan, Mary Garcia, and Calvin Handy.

Kelli M. Kennaday , Kim Johnston , Sacramento, CA, for defendant-appellant Calvin Chang.

Adante D. Pointer (argued), John L. Burris , Oakland, CA, for the plaintiff-appellee.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Timothy Nelson, a former student of the University of California at Davis ("U.C. Davis"), suffered permanent injury when he was shot in the eye by a pepperball projectile fired from the weapon of a U.C. Davis officer when U.C. Davis and City of Davis police attempted to clear an apartment complex of partying students. Officers shot pepperball projectiles in the direction of Nelson and his friends as the students stood in...

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