In Luchtel v. Hagemann, , published October 7, 2010, the 9th Circuit affirmed summary judgment in favor of police officers sued by a woman whom they subdued and arrested. The woman, a crack cocaine addict according to the opinion, was overcome with paranoia during a domestic dispute. She ran out of the house with her young child, yelling that someone was trying to kill her; hid under a car; rushed over to a neighbor’s house with the child; and, when police entered, denied that the officers were real police. She grabbed her female neighbor and the two fell to the floor. After her arrest, she sued the officers for false arrest and use of excessive force. The 9th Circuit affirmed summary judgment in favor of the officers. The court ruled that the officers had probable cause for the woman’s arrest, in light of her conduct. It further ruled that the officers either used proper force to subdue her, or were entitled to qualified immunity for their decision to use that amount of force. A dissenting judge opined that, when the facts were viewed in the light most favorable to the plaintiff, the officers overreacted to her conduct.
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