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Officer Not Immune After Restraining Suspect with Knee to Back

Oct. 27, 2020, 11:50 PM

A man who was shot by a beanbag shotgun and restrained with a knee to the back by officers who received a call about a chainsaw-wielding perpetrator convinced the Ninth Circuit on Tuesday to reverse a finding of summary judgment regarding one of the responding officers.

Ramon Cortesluna sued officers Manuel Leon and Daniel Rivas-Villegas of Union City, Calif., alleging excessive force, and Sergeant Robert Kensic for alleged failure to intervene and stop the force. Cortesluna was handcuffed by officers who responded to a 911 call by a 12-year-old girl. The girl had told the dispatcher that Cortesluna threatened her, ...