C. B., a minor, Plaintiff-Appellee, v. CITY OF SONORA; MACE MCINTOSH, Chief of Police; HAL PROCK, Officer, Defendants-Appellants., 769 F.3d 1005

Summary

HOLDINGS: [1]-City police officers were entitled to qualified immunity with regard to an unconstitutional seizure of a minor child with attention-deficit and hyperactivity disorder who was sitting quietly but was unresponsive and refused to leave a school playground, since a reasonable officer would not have known that taking the child into temporary custody was unreasonable, and therefore unconstitutional; [2]-The officers were not entitled to qualified immunity for the use of excessive force in unreasonably placing the child in handcuffs to remove the child from school grounds, since the child was in a secure police vehicle, posed no risk of escape or threat to himself or others, and engaged in no act of resistance the entire time the officers were present; [3]-Evidence of prior handcuffing of students was properly admitted to show that the city maintained an unlawful custom or practice.