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SEIDNER v. DE VRIES

No. 20-17403.

39 F.4th 591 (2022)

Preston SEIDNER, Plaintiff-Appellee, v. Jonathan DE VRIES, Named as Devries #19922, Uniform Mesa Police Officer, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2022.

Attorney(s) appearing for the Case

Alexander J. Lindvall (argued), City Attorney's Office, Mesa, Arizona, for Defendant-Appellant.

Mahogane D. Reed (argued) and Christopher Kemmitt , NAACP Legal Defense & Educational Fund Inc., Washington, D.C.; Sherrilyn A. Ifill , President and Director-Counsel; Janai S. Nelson , Ashok Chandran , and Kevin E. Jason ; NAACP Legal Defense & Educational Fund Inc., New York, New York; Samuel Weiss and Oren Nimni , Rights Behind Bars, Washington, D.C.; for Plaintiff-Appellee.

Concurrence by Judge Christen.

OPINION

The question in this case is whether using a roadblock to stop a person suspected of a minor offense from fleeing on a bicycle is excessive force in violation of the Fourth Amendment. As required, we analyze this question based on the specific facts of this case, and we conclude that whether Officer Jonathan...

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