6 F.4th 1098
9th Cir.2021Background
- Routine stop in an Anaheim laundromat; officers observed possible drug paraphernalia and Valenzuela put a screwdriver in his bag.
- Valenzuela resisted officers’ attempts to handcuff him, leading to a physical struggle, flight, multiple tasings, and a chase across traffic.
- After he tripped, officers used repeated carotid/neck restraints while other officers attempted to control and handcuff him; Valenzuela repeatedly said he could not breathe and became unresponsive after being cuffed.
- He died eight days later; a jury found the officers liable for excessive force, the City liable under Monell, and the officers liable under California’s Bane Act; district court denied qualified immunity.
- Ninth Circuit panel affirmed the denial of qualified immunity and the jury findings; Judge Lee dissented only on qualified immunity grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force / Qualified immunity | Valenzuela: officers used multiple, extended carotid holds on a subdued person who pleaded he couldn’t breathe | Anaheim: force occurred amid active, repeated resistance; right not clearly established | Court: substantial evidence of excessive force; precedent clearly established that choke/neck holds on restrained/non-resisting subjects are excessive; qualified immunity denied and affirmed |
| Monell municipal liability | Valenzuela: APD policy permitted carotid holds against resisting suspects and was the moving force behind the violation | Anaheim: policy not facially unconstitutional; lack of causation or deliberate indifference | Court: policy permitted the choke; evidence supports causation; Monell liability affirmed; deliberate-indifference challenge waived |
| Bane Act (Cal. Civ. Code §52.1) | Valenzuela: officers knowingly used dangerous holds despite training limits and risk of death, showing intent to violate arrestee’s rights | Anaheim: argued inconsistency with other constitutional findings or higher intent standard | Court: jury could find specific intent; Bane Act verdict supported and affirmed |
| Damages (loss of life award) | Valenzuela: sought $3.6M for loss of life | Anaheim: challenged damages | Court: district court’s award was upheld; damages issue addressed in concurrent opinion |
Key Cases Cited
- S.B. v. County of San Diego, 864 F.3d 1010 (9th Cir. 2017) (two-step qualified immunity framework)
- Rice v. Morehouse, 989 F.3d 1112 (9th Cir. 2021) (factors for excessive-force analysis)
- Drummond ex rel. Drummond v. City of Anaheim, 343 F.3d 1052 (9th Cir. 2003) (chokehold on compliant, handcuffed arrestee excessive)
- Barnard v. Theobald, 721 F.3d 1069 (9th Cir. 2013) (chokehold on non-resisting arrestee violates Fourth Amendment)
- Tuuamalemalo v. Greene, 946 F.3d 471 (9th Cir. 2019) (denying immunity for chokehold on non-resisting, restrained person)
- LaLonde v. County of Riverside, 204 F.3d 947 (9th Cir. 2000) (continued force on surrendered/helpless arrestee is excessive)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability for constitutional violations caused by policy or custom)
- Kisela v. Hughes, 138 S. Ct. 1148 (U.S. 2018) (clearly established rights require precedent that squarely governs facts)
- City of Escondido v. Emmons, 139 S. Ct. 500 (U.S. 2019) (excessive-force and qualified immunity require fact-specific precedent)
- Chew v. Gates, 27 F.3d 1432 (9th Cir. 1994) (Monell causation standard)