FELARCA v. BIRGENEAU

Nos. 16-15293, 16-15294.

891 F.3d 809 (2018)

Yvette FELARCA; Joshua Anderson; Christopher Anderson; Honest Chung; Morgan Crawford; Yania Escobar; Joseph Finton; Louis Helm; Jacquelyn Kingkade; Benjamin Lynch; Liana Mulholland; Colleen Mica Stumpf; Justin Tombolesi; Erick Uribe; Colleen Young; Anthony Morreale; Sachinthya Wagaarachchi; Francisco Alvarado-Rosas; Julie Klinger; Maximilian McDonald; Taro Yamaguchi-Phillips, Plaintiffs-Appellees, v. Robert J. BIRGENEAU, Chancellor of the University of California-Berkeley, in his individual capacity; George Breslauer, Executive Vice Chancellor and Provost of the University of California-Berkeley, in his individual capacity; Harry Le Grande, Vice Chancellor for Student Affairs of the University of California-Berkeley, in his individual capacity; Linda Williams, Associate Chancellor of the University of California-Berkeley, in her individual capacity; Claire Holmes, Associate Vice Chancellor for Public Affairs and Communications for the University of California-Berkeley, in her individual capacity; Mitchell Celaya, Chief of the University of California Police Department at Berkeley, in his individual capacity; Eric Tejada, Lieutenant; Marc DeCoulode, Lieutenant; Andrew Tucker, Sergeant #13, a police officer for the University of California Police Dept., in his individual capacity, Defendants-Appellants, and Samantha Lachler, Defendant. Yvette Felarca; Joshua Anderson; Christopher Anderson; Honest Chung; Morgan Crawford; Yania Escobar; Joseph Finton; Louis Helm; Jacquelyn Kingkade; Benjamin Lynch; Liana Mulholland; Colleen Mica Stumpf; Justin Tombolesi; Erick Uribe; Colleen Young; Anthony Morreale; Sachinthya Wagaarachchi; Francisco Alvarado-Rosas; Julie Klinger; Maximilian McDonald; Taro Yamaguchi-Phillips, Plaintiffs-Appellees, v. Samantha Lachler, Defendant-Appellant, and Robert J. Birgeneau, Chancellor of the University of California-Berkeley, in his individual capacity; George Breslauer, Executive Vice Chancellor and Provost of the University of California-Berkeley, in his individual capacity; Harry Le Grande, Vice Chancellor for Student Affairs of the University of California-Berkeley, in his individual capacity; Linda Williams, Associate Chancellor of the University of California-Berkeley, in her individual capacity; Claire Holmes, Associate Vice Chancellor for Public Affairs and Communications for the University of California-Berkeley, in her individual capacity; Mitchell Celaya, Chief of the University of California Police Department at Berkeley, in his individual capacity; Eric Tejada, Lieutenant; Marc DeCoulode, Lieutenant; Andrew Tucker, Sergeant #13, a police officer for the University of California Police Dept., in his individual capacity, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2018.


Attorney(s) appearing for the Case

J. Daniel Sharp (argued) and Rebecca M. Suarez , Crowell & Moring LLP, San Francisco, California; Colin M. Proksel , Crowell & Moring LLP, Irvine, California; Russell M. Perry (argued) and Zachery A. Lopes , Rains Lucia Stern St. Phalle & Silver PC, Ontario, California; for Defendants-Appellants.

Shanta Driver (argued) and Ronald Cruz , United For Equality and Affirmative Action Legal Defense Fund, Detroit, Michigan, for Plaintiffs-Appellees.

Concurrence by Judge Watford.


OPINION

University officials appeal from the denial of qualified immunity for the use of batons against protestors by university police officers. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand.

I.

Thousands of protestors, inspired by the Occupy Wall Street movement...

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