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SENN v. SMITH

No. 21-35293.

35 F.4th 1223 (2022)

Linda SENN, Plaintiff-Appellee, v. Kyle SMITH, Defendant-Appellant, and City of Portland; Larry Graham; Jeffrey McDaniel; Multnomah County; John Does, 1-10, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2022.

Attorney(s) appearing for the Case

B. Andrew Jones (argued), Multnomah County Attorney's Office, Portland, Oregon, for Defendant-Appellant.

Athul K. Acharya (argued), Public Accountability, Portland, Oregon; Juan Chavez , Oregon Justice Resource Center, Portland, Oregon; for Plaintiff-Appellee.

Before: Susan P. Graber, Carlos T. Bea, and Milan D. Smith, Jr., Circuit Judges.

ORDER

Plaintiff Linda Senn brought this 42 U.S.C. § 1983 action against Defendant Kyle Smith, a deputy sergeant with the Multnomah County Sheriff's Office. Plaintiff alleges that Defendant violated her Fourth Amendment right to be free of excessive force by pepper-spraying her without adequate justification. The district court denied Defendant's motion for qualified immunity, and Defendant filed this interlocutory appeal. In an unpublished disposition, we affirmed...

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