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COLES v. EAGLE

No. 11-16471.

704 F.3d 624 (2012)

Harry J. COLES, Plaintiff-Appellant, v. Joshua EAGLE, sued in his individual capacity; Elton Robertson, sued in his individual capacity; Michael Hisatake; Doe Defendants, Unknown Emergency Room Personnel at Queen's Medical Center, sued in his/her individual capacity; Queen's Medical Center; Matthew Ing, M.D., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2012.

Attorney(s) appearing for the Case

David A. Perez , Perkins Coie LLP, Seattle, WA, for Plaintiff-Appellant.

Curtis E. Sherwood , D. Scott Dodd , Deputies Corporation Counsel, Honolulu, HI, for Defendants-Appellees Joshua Eagle and Elton Robertson.

D. Scott Dodd , Deputy Corporation Counsel, Honolulu, HI, for Defendant-Appellee Michael Hisatake.

Kunio Kawabe , Hisaka, Yoshida & Cosgrove, Honolulu, HI, for Defendants-Appellees Unknown Emergency Room Personnel at the Queen's Medical Center and Queen's Medical Center.

Patricia T. Fujii , Ayabe, Chong, Nishimoto, Sia & Nakamura, Honolulu, HI, for Defendant-Appellee Matthew Ing, M.D.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

Plaintiff Harry J. Coles claims that defendants Joshua Eagle and Elton Robertson, officers of the Honolulu Police Department, used excessive force in arresting him. The officers moved for summary judgment, arguing that their conduct was reasonable and, in any event, that they were entitled to qualified immunity. Although Coles brought a single claim of excessive force under 42 U.S.C. § 1983, the district court held on...

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