No Qualified Immunity For Police Officers Who Caused Injury.

Injured U.C. Davis student brought an action for violation of his Fourth Amendment right to be free from unreasonable seizure after police fired pepperball guns in an attempt to disperse a crowd and the student suffered serious eye injuries and a loss of his athletic scholarship. The Ninth Circuit affirmed the trial court’s finding the student had a clearly established constitutional right, that right was violated, and the officers were not entitled to qualified immunity.  Nelson v. City of Davis   (Ninth Cir.; July 11, 2012) 685 F.3d 867.