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BROOKS v. CLARK COUNTY

No. 14-16424.

828 F.3d 910 (2016)

Adam BROOKS, Plaintiff-Appellee, and John Kevin Smith, Plaintiff, v. CLARK COUNTY; Jim Keener, Marshal, Defendants-Appellants, and Moody, Sergeant, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2016.

Attorney(s) appearing for the Case

Matthew Christian (argued), Deputy District Attorney; Steven B. Wolfson , District Attorney; Clark County District Attorney's Office, Las Vegas, Nevada; for Defendants-Appellants.

Cal J. Potter, III (argued) and C.J. Potter, IV , Potter Law Offices, Las Vegas, Nevada, for Plaintiff-Appellee.

Before: Jerome Farris, Diarmuid F. O'Scannlain, and Morgan Christen, Circuit Judges.

OPINION

We must decide whether a courtroom marshal is entitled to invoke absolute immunity as a defense to the allegation that he used excessive force when executing a judge's order to remove a disruptive individual from her courtroom. If he is not, we must decide whether qualified immunity

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