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MARTELL v. COLE

No. 23-55120.

115 F.4th 1233 (2024)

Ronald MARTELL, Plaintiff-Appellant, v. Brian COLE, San Diego County Deputy Sheriffs Cole (#0473); Kerry Johnson, San Diego County Deputy Sheriffs Johnson (#0497); David Lovejoy, San Diego County Deputy Sheriffs Lovejoy (#3215); David Lannon, San Diego County Deputy Sheriffs Lannon (#0233); Jonathan Young, San Diego County Deputy Sheriffs Young (#0188); Does, 1-5, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2024.

Attorney(s) appearing for the Case

Keith H. Rutman (argued), Keith H. Rutman Attorney at Law, San Diego, California, for Plaintiff-Appellant.

Steven P. Inman, II (argued), Senior Deputy Chief Counsel; Robert A. Ortiz, Senior Deputy; Claudia G. Silva, County Counsel, San Diego Office of County Counsel, San Diego, California; for Defendants-Appellees.

Dissent by Judge Lee.

OPINION

Plaintiff-Appellant Ronald Martell pleaded guilty to obstructing a peace officer in violation of California Penal Code § 148(a)(1). He later brought suit under 42 U.S.C. § 1983, claiming that the San Diego County Deputy Sheriffs who arrested him used excessive force. The district court dismissed...

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