Timothy Nelson v. City of Davis

OPINION

REINHARDT, Circuit Judge:

Timothy Nelson, a former student of the University of California at Davis (“U.C. Davis”), suffered permanent injury when he was shot in the eye by a pepperball projectile fired from the weapon of a U.C. Davis officer when U.C. Davis and City of Davis police attempted to clear an apartment complex of partying students. Officers shot pepperball projectiles in the direction of Nelson and his friends as the students stood in the breezeway of the apartment complex, attempting to leave the party and awaiting instruction from the officers. The officers did not provide…