Can a police officer who pepper spray and strikes a plaintiff with his baton while he is waiting for a ticket for a traffic stop, be on notice that their conduct was unlawful?

MultiRegion, United States of America

The following excerpt is from Sanchez v. City of Rosevile, No. 2:19-cv-01086-WBS-DB (E.D. Cal. 2021):

Plaintiff next cites Young v. County of Los Angeles, 655 F.3d 1156, 1166 (9th Cir. 2011). In Young, the police initiated a traffic stop for a seat belt violation. See id. at 1158. While the plaintiff sat on the sidewalk eating a snack and waiting for a ticket to be written, the police officer proceeded to pepper spray him and strike him multiple times with his baton. See id. at 1160. Again, because the facts of Young are wholly distinguishable from the facts at issue here and involved a totally different type of force, Young could not have placed defendants on notice that their conduct here was unlawful.

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