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KNICKERBOCKER v. UNITED STATES (2021)

United States Court of Appeals, Ninth Circuit.2021-09-09No. Nos. 20-15624, 20-16086

Summary

Holding. The court affirmed the district court's grant of summary judgment, finding the rangers' use of force was objectively reasonable under the Fourth Amendment, the initial stop was supported by reasonable suspicion, and Knickerbocker's state law claims failed as a matter of law.

Issam Knickerbocker appealed a district court's grant of summary judgment favoring the United States and two park rangers on his federal and state claims arising from his arrest in Death Valley National Park on February 20, 2016. The core disputes centered on whether the rangers used excessive force during the arrest and whether the initial stop constituted an unlawful seizure. Body camera footage showed the rangers applied minimal force while handcuffing Knickerbocker, who was one of three large men vastly outnumbering the two rangers in an isolated location; Knickerbocker's claims of severe pain were not supported by the video evidence. The rangers had reasonable suspicion to stop and question Knickerbocker based on observations that he and companions were outside their vehicle searching for something near a drone controller on the roof, which is illegal to operate in Death Valley. An identification check revealed an outstanding warrant, providing probable cause for arrest. Knickerbocker's state law negligence and battery claims failed because the rangers' force was legally reasonable.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether the rangers' use of force in handcuffing Knickerbocker was objectively reasonable under the Fourth Amendment
  • Whether the rangers had reasonable suspicion to conduct an investigative stop
  • Whether an outstanding warrant provided probable cause for arrest
  • Whether state law negligence and battery claims survive when force is legally justified

Procedural posture

Knickerbocker appealed the district court's grant of summary judgment to the defendants on excessive force, unlawful seizure, and state law claims.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Issam Knickerbocker appeals the district courts grant of summary judgment to defendants United States of America, and Rangers Nicole Gruver and Brian Drew on Knickerbockers excessive force and unlawful seizure claims under 42 U.S.C. § 1983, and his state law claims. All stem from the Rangers’ arrest of Knickerbocker in Death Valley on February 20, 2016. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we review the district courts summary judgment decision de novo. See Brunozzi v. Cable Commcns, Inc., 851 F.3d 990, 995 (9th Cir. 2017). We affirm.

1. Knickerbocker argues that the Rangers’ arrest of him involved excessive force in violation of the Fourth Amendment. To determine if an officers use of force is reasonable, we look to “whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them.” Graham v. Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) (citations omitted). Here, the actual events are not disputed as they were recorded on videos taken by the Rangers’ body cameras. The Rangers had a cognizable interest here in handcuffing Knickerbocker. In the relatively isolated Death Valley environment, the two Rangers were outnumbered by Knickerbocker and his two friends, all standing at least six feet tall and weighing over 240 pounds.

As the district court observed, the videos show that the Rangers used a minimal level of force in handcuffing Knickerbocker. He was handcuffed behind his back for no more than an hour. During that time, the Rangers checked Knickerbockers comfort level and made adjustments, including attaching a second set of handcuffs for mobility. Knickerbockers complaints of excruciating pain are simply not reflected in the video footage of the arrest. The Rangers’ use of force was objectively reasonable, and the district court thus properly granted summary judgment to the defendants on this claim.

2. Knickerbocker also claims that the Rangers’ stop constituted an unlawful seizure in violation of the Fourth Amendment. Even assuming the pre-arrest questioning constituted an investigative stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Rangers had reasonable suspicion of illegal activity. Knickerbocker and his two companions were outside their vehicle, appeared to be looking for something, and the vehicle had a drone controller on the roof. It is illegal to fly drones in Death Valley National Park. That one of the companions admitted to owning and operating the drone does not preclude the likelihood that Knickerbocker participated in the illegal drone operation. The Rangers had reasonable suspicion to question Knickerbocker and to run his identification. Once the identification check uncovered an outstanding warrant, the Rangers had probable cause for the ensuing arrest.

Knickerbocker argues that the arrest stems from an unlawful seizure and was thus unlawful as “fruit of the poisonous tree.” This argument fails for several reasons, including that there was no unlawful seizure, and that the “fruit of the poisonous tree” doctrine does not apply in this civil context in any event. See Lingo v. City of Salem, 832 F.3d 953, 958–59 (9th Cir. 2016).

3. Finally, Knickerbocker appeals his state law claims alleging negligence and battery. The Rangers’ use of force was reasonable, and these claims thus fail as a matter of law. See Hayes v. Cty. of San Diego, 736 F.3d 1223, 1232 (9th Cir. 2013); Bowoto v. Chevron Corp., 621 F.3d 1116, 1129 (9th Cir. 2010).

AFFIRMED.