Maria Ventura v. Jennifer Rutledge

United States Court of Appeals for the Ninth Circuit · October 22, 2020 · No. 19-16626

Summary

**Topics:** Qualified immunity; Excessive deadly force; Fourth Amendment; Clearly established law; 42 U.S.C. § 1983. **Holdings:** The Ninth Circuit affirmed summary judgment for a police officer, holding that the officer was entitled to qualified immunity for fatally shooting a man who advanced toward a domestic violence victim with a drawn knife after ignoring repeated commands to stop. The court found no clearly established law—as of 2015—that such conduct violated the Fourth Amendment, relying on *Kisela v. Hughes* (2018) and distinguishing post-*Kisela* cases as not squarely governing the facts.

Holdings

  1. Officer Rutledge is entitled to qualified immunity because no clearly established law put her on notice that her use of deadly force was unconstitutional under the circumstances.

Questions Presented

  1. Whether Officer Rutledge is entitled to qualified immunity from Ventura's Fourth Amendment excessive force claim.

Disposition

affirmed

Cases Cited (12)

  • Kisela v. Hughes, 138 S. Ct. 1148 (2018)(followed)
  • White v. Pauly, 137 S. Ct. 548 (2017)(followed)
  • Ashcroft v. al-Kidd, 563 U.S. 731 (2011)(followed)
  • Anderson v. Creighton, 483 U.S. 635 (1987)(followed)
  • Mullenix v. Luna, 136 S. Ct. 305 (2015)(followed)
  • Thompson v. Rahr, 885 F.3d 582 (9th Cir. 2018)(followed)
  • Saucier v. Katz, 533 U.S. 194 (2001)(followed)
  • C.F. ex rel. Farnan v. Capistrano Unified Sch. Dist., 654 F.3d 975 (9th Cir. 2011)(followed)
  • Glenn v. Washington County, 673 F.3d 864 (9th Cir. 2011)(distinguished)
  • George v. Morris, 736 F.3d 829 (9th Cir. 2013)(distinguished)

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