9th Cir.;
15-56548

The court of appeal reversed a judgment and vacated a jury verdict and damages award. The court held that an arrestee did not have a “clearly established” right not to be subjected to increasing levels of force by arresting officers.

Santa Barbara sheriff's deputies patrolling a crowded area near the UCSB campus received a report of students being struck with water balloons. This was a matter of some concern, because water balloons had been a serious problem in that area and could cause injuries or start fights. The deputies saw college student Jay Shafer carrying water balloons. Deputy Freddy Padilla repeatedly ordered him to drop the balloons. Shafer refused. Padilla grabbed Shafer by the arm and escorted him some ten feet to the curb, where a second deputy grabbed his other arm. Deputy Padilla then allegedly kicked Shafer's feet out from under him, Shafer fell face first onto the pavement, and the deputies piled on top of him. Shafer was handcuffed and arrested. Shafer sued the County of Santa Barbara, Padilla, and others under 42 U.S.C. §1983, alleging, among other things, use of excessive force in violation of the Fourth Amendment and false arrest.