CA9: Conducting a frisk in such a way it inflicts pain can state a claim

“In this case, Borawick and Appellees have raised genuine disputes of material fact over whether there was an objective basis to believe that Borawick was a danger to the officers or to the public; whether a reasonable officer, having been alerted to Borawick’s disability and medical history, would have employed alternative means of restraining her; and whether a reasonable officer would have known the handcuffs were causing Borawick unnecessary or unusually severe pain. As these disputes bear on whether Reyes and Correa engaged in conduct proscribed by clearly established law, the officers are not entitled to qualified immunity as a matter of law.” Borawick v. City of Los Angeles, 2020 U.S. App. LEXIS 4875 (9th Cir. Feb. 13, 2020).

The court does not believe that defendant was allegedly walking in the street when they initiated his stop. They were investigating a stolen car in what was not a high crime area. They saw four men leaving a house and lost sight of them. When they pulled up next to defendant with their lights flashing, he ran. There was no reasonable suspicion for anything up to that point, and the stop is suppressed. United States v. Gee, 2020 U.S. Dist. LEXIS 26592 (D. Nev. Feb. 17, 2020).*

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