Legal Opinion

James F. Robinson v. Solano County Brian Cauwells, Solano County Sheriff's Deputy Officer Gary Faulkner, Solano County Sheriff's Deputy Officer

Court of Appeals for the Ninth Circuit

Decided February 4, 2002No. 99-15225PublishedCited by 252 opinions

1Opinion of the Court

Opinion by Chief Judge SCHROEDER; Concurrence by Judge FERNANDEZ.

SCHROEDER, Chief Judge.

We took this case en banc in order to clarify the law of the circuit regarding excessive force that violates the Fourth Amendment’s protections against unreasonable searches and seizures, and to clarify the law of the circuit on the scope of qualified immunity for excessive force claims. The case arises out of a police seizure at gunpoint of an apparently unarmed individual suspected of having earlier used a shotgun to shoot two dogs.

The Fourth Amendment guarantees citizens the right “to be secure in their…

2Cases cited29 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. United States v. MendenhallSupreme Court of the United States · 1980

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3Cited by252 opinions

  1. Moss v. U.S. Secret ServiceCourt of Appeals for the Ninth Circuit · 2009
  2. Maldonado v. FontanesCourt of Appeals for the First Circuit · 2009
  3. Corales v. BennettCourt of Appeals for the Ninth Circuit · 2009
  4. Ana Sandoval v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2021
  5. Santos v. GatesCourt of Appeals for the Ninth Circuit · 2002

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