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HERNANDEZ v. TOWN OF GILBERT

No. 19-15811.

989 F.3d 739 (2021)

Scott Harvey HERNANDEZ, individually, Plaintiff-Appellant, v. TOWN OF GILBERT, a municipality, by and through its Police Department, an agency of the Town of Gilbert; Steve Gilbert, Officer, husband, Defendants-Appellees, and Chris Robinson, Officer, husband; Robinson, Jane Doe, wife; Justin Leach, Officer, husband; Leach, Jane Doe, wife; Gilbert, Jane Doe, wife; Joe Kacic, Supervising Officer, husband; Kacic, Jane Doe, wife; Bill Campbell, Supervising Officer, husband; Campbell, Jane Doe, wife; Dan Hurd, Supervising Officer, husband; Hurd, Jane Doe, wife; Does, John and Jane Does 1-100, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2021.

Attorney(s) appearing for the Case

Scott H. Zwillinger (argued), Goldman & Zwillinger PLLC, Scottsdale, for Plaintiff-Appellant.

Robert Grasso Jr. (argued) and N. Patrick Hall , Grasso Law Firm P.C., Chandler, Arizona, for Defendants-Appellees.

Before: Richard C. Tallman, Jay S. Bybee, and Bridget S. Bade, Circuit Judges.

OPINION

Scott Hernandez appeals from the summary judgment entered in favor of canine Officer Steve Gilbert and the Town of Gilbert in this § 1983 action alleging that Officer Gilbert used excessive force in effecting Hernandez's arrest for driving under the influence and resisting arrest. Following a brief...

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