The following excerpt is from Orr v. Cal. Highway Patrol, CIV. NO. 2:14-585 WBS EFB (E.D. Cal. 2015):
Ultimately, although the government generally may have a substantial interest in reducing DUI violations, see Killian v. City of Monterey, Civ. No. 5:12-5418, 2013 WL 6577064, at *9 (N.D. Cal. Dec. 13, 2013), and ensuring officer safety during investigations, a reasonable jury could find either way that both of those interests did or did not compel the kind of force used here. Because plaintiff's behavior leading up to the use of force, and thus the risk to the officer's safety, is in dispute, summary judgment is appropriate for neither party at this time.
b. Qualified Immunity
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