Sanders v. City of Fresno
Docket: No. 08-16077
Court: Court of Appeals for the Ninth Circuit; July 21, 2009; Federal Appellate Court
Lavette Sanders appeals the district court's decision to grant summary judgment in favor of the City and County of Fresno and five police officers regarding her 42 U.S.C. § 1983 action. The court determined it had jurisdiction under 28 U.S.C. § 1291 and upheld the lower court's ruling. Sanders failed to demonstrate a triable issue of fact regarding the use of unreasonable force by the officers during the arrest of her husband, Michael. The officers' actions were deemed reasonable, as they were protecting Sanders from perceived danger and responding to Michael's active resistance. The court referenced the standard of reasonableness set forth in Graham v. Connor, emphasizing that law enforcement must often make quick decisions in tense situations. The district court also correctly granted summary judgment to Fresno, as Sanders did not establish a constitutional violation or show that any municipal customs or policies exhibited deliberate indifference that led to the alleged violation. Sanders's request for judicial notice of additional records was denied due to insufficient justification. The appellate court affirmed the lower court's judgment, noting that the disposition is not published and does not serve as precedent except as outlined by 9th Cir. R. 36-3.