9th Circuit Shields Phoenix Officers in Excessive Force Allegations

The Ninth Circuit Court has granted qualified immunity to Phoenix police officers involved in a 2017 incident where excessive force was alleged during a protest outside a Donald Trump rally. This ruling follows a partial summary judgment by U.S. District Judge John Tuchi in 2022, which favored both the Phoenix Police Department and over 20 officers named in a lawsuit filed by Puente, a nonprofit focused on immigration and policing issues.

Judge Tuchi determined that the use of tear gas, flash-bang grenades, and other chemical irritants was justified given the tumultuous situation, where protesters were reportedly attempting to breach a security fence separating them from the rally. However, the judge denied immunity for specific officers accused of excessive force against three plaintiffs.

The Ninth Circuit’s recent ruling overturned Tuchi’s denial, affirming that the officers acted reasonably under the circumstances. U.S. Circuit Judge Daniel Collins noted, “Examining the totality of the circumstances… defendants’ use of intermediate force against protesters was a reasonable response.” This decision now sends the remaining claims back to Judge Tuchi for further consideration.

Puente’s lawsuit alleged violations of First and Fourteenth Amendment rights, claiming that the police attacked protesters with projectiles and irritants without warning or giving them a chance to disperse. The case largely centered on allegations of excessive force, particularly against two protesters who were hospitalized, including Ira Yedlin, who suffered multiple injuries from pepper spray and projectiles.

The Ninth Circuit clarified that police actions were justified, especially given that Yedlin was seen shaking the security fence just before the police intervened. The panel reiterated the officers’ significant interest in maintaining a secure environment, especially considering potential threats to nearby individuals, the public, and even the president’s motorcade.

Additionally, revelations surfaced regarding Phoenix police officers exchanging challenge coins portraying a protester injured by a rubber-tipped gas round. This incident prompted a Department of Justice investigation into the department’s patterns of excessive force and civil rights violations.

The court upheld that the use of force did not amount to a “seizure” within the context of the Fourth Amendment, thereby justifying the officers’ actions. The decision also cleared the then-Police Chief Jeri Williams and the city of Phoenix from liability concerning the conduct of individual officers. As of now, neither the plaintiffs nor the Phoenix Police Department has commented on the recent ruling.