Rivas-Villegas v. Cortesluna

When a girl called 911 to report that she, her mother, and her sister were hiding from the mother’s boyfriend, Ramon Cortesluna (plaintiff), who had a chainsaw, the dispatcher sent police to the girl’s address. Officer Daniel Rivas-Villegas (defendant) knocked on the front door and shouted for Cortesluna to drop the weapon and come out with his hands up. Cortesluna complied, exiting the house and dropping to his knees when instructed. Another officer noticed that Cortesluna had a knife in his pocket and shouted for him to keep his hands up. Cortesluna instead lowered his hands, and a third officer shot him twice with a beanbag gun. The officers then instructed Cortesluna to lay face down, which he did. Rivas-Villegas straddled Cortesluna, placing his knee on Cortesluna’s back for approximately eight seconds while pulling Cortesluna’s hands behind his back. The two then rose, and another officer removed the knife before handcuffing Cortesluna. Cortesluna subsequently sued Rivas-Villegas, alleging that Rivas-Villegas violated Cortesluna’s Fourth Amendment rights by using excessive force. Specifically, Cortesluna argued that placing a knee on his back constituted excessive force and caused him injury. Rivas-Villegas moved for summary judgment, arguing that qualified immunity insulated him from liability. The district court granted summary judgment in Rivas-Villegas’s favor, but the court of appeals reversed, holding that qualified immunity did not apply because existing circuit precedent should have put Rivas-Villegas on notice that his conduct constituted excessive force. The United States Supreme Court granted certiorari.