C.B. v. City of Sonora, 769 F.3d 1005 (9th Cir., En Banc, 2014)
Oct 15, 2014OUTCOME: Affirmed in part, and reversed in part.
Disabled elementary school student, who was arrested at elementary school when he was 11 years old, filed complaint against city, police chief, and police officer, asserting claims for false imprisonme ... nt and intentional infliction of emotional distress (IIED) under state law, and unlawful seizure and excessive force under § 1983. Jury eventually returned verdict in favor of student, but only after district court had extensive extemporaneous colloquies with jurors and directed them to re-deliberate when they rendered initial verdict ostensibly in favor of defendants. Defendants filed motion for judgment as matter of law (JMOL) and motion for new trial and remittitur. The United States District Court for the Eastern District of California, Oliver W. Wanger, Senior District Judge, 819 F.Supp.2d 1032, denied motions. Defendants appealed. The Court of Appeals, Zilly, Senior District Judge, sitting by designation, 730 F.3d 816, vacated, reversed in part and remanded. Holdings: On rehearing en banc, the Court of Appeals, Paez, Circuit Judge, held that: 1) district court's resubmission of verdict to jury with unscripted supplemental jury instructions was not plain error; 2) exclusion of testimony that elementary school coach thought that disabled student later handcuffed by police might be suicidal was not abuse of discretion; 3) admission of testimony about past incidents of handcuffing at elementary school was not abuse of discretion; 4) officers' use of handcuffs on a calm, compliant, but nonresponsive 11–year–old child was unreasonable; 5) officer and police chief were not entitled to qualified immunity from student's excessive force claim; and 6) police chief and officer were entitled to qualified immunity from student's unlawful seizure claim. Affirmed in part, and reversed in part.
