CA9: Not clearly established that shooting a bloody man waving a sharp stick at adults and children at a soccer field was clearly established

Plaintiff was bloody and wielding a sharp stick at adults and children at a soccer field. He disobeyed police commands. He was finally shot when he was kneeling and far enough away from others that he was a lesser threat. A jury could conclude excessive force was unnecessarily used, but whether it was reasonable to shoot him was not clearly established at the time, so the officers get qualified immunity. Hernandez v. City of Huntington Beach, 2019 U.S. App. LEXIS 38322 (9th Cir. Dec. 24, 2019).*

A Colorado prison inmate sued pro se that he was sexually abused as a child, has PTSD from it, and cannot take communal showers in prison. The Prison Rape Elimination Act has provisos for certain issues allowing for separate shower facilities, but this isn’t one. He doesn’t state a Fourth Amendment claim. [He does, however, state an Eighth Amendment claim.] Thompson v. Lengerich, 2019 U.S. App. LEXIS 38237 (10th Cir. Dec. 23, 2019).*