In a 21-page ruling last week, the 9th U.S. Circuit Court of Appeals denied an appeal by officers Greg Theobald, Steven Radmanovich and Gary Clark who claimed they had “qualified immunity,” which shields government officials from civil liability if their conduct does not violate constitutional rights that a reasonable person would have known.
The appellate court held “a reasonable officer would have known it violated clearly established law to use a chokehold on a non-resisting arrestee who had surrendered, pepper-spray him and apply such knee pressure on his neck and back that it would cause the collapse of five vertebrae in his cervical spine.”
The court also said the officers were not entitled to immunity because a 2011 jury verdict was supported by “substantial evidence.”