FILED
NOT FOR PUBLICATION OCT 05 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NATHANIEL JOHNSON, No. 15-15890
Plaintiff-Appellant, D.C. No.
2:11-cv-01858-JAD-VCF
v.
KELLY, Corrections Officer, Sergeant; et MEMORANDUM*
al.,
Defendants-Appellees,
and
JOYCE and MITEALL,
Defendants.
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Nathaniel Johnson appeals from the district court’s summary judgment in his
42 U.S.C. § 1983 action alleging excessive force and due process claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Jones v. Williams, 791
F.3d 1023, 1030 (9th Cir. 2015). We vacate and remand.
In granting summary judgment on Johnson’s excessive force claim, the
district court did not have the benefit of the Supreme Court’s recent decision in
Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015) which held that the appropriate
standard for evaluating an excessive force claim involving a pretrial detainee is
objective unreasonableness. Accordingly, we vacate the district court’s summary
judgment of Johnson’s excessive force claim and remand for further proceedings.
We do not consider Johnson’s due process claim because Johnson does not
raise this claim on appeal.
All pending requests are denied.
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
2 15-15890