Malik Austin v. Bradley Baker

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MALIK AUSTIN,
Plaintiff - Appellant,
v.
BRADLEY BAKER,
Defendant - Appellee.
No. 13-15400
D.C. No. 2:10-cv-02467-ROS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
Malik Austin appeals pro se from the district court’s summary judgment in
his 42 U.S.C. § 1983 action alleging the use of excessive force during his pretrial
detention. We have jurisdiction under 28 U.S.C. § 1291. We review de novo,
Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and we reverse and
FILED
OCT 05 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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remand.
The district court granted summary judgment on Austin’s excessive force
claim. However, Austin stated in his declaration that while he was fully shackled
and in his cell, Baker drove Austin from a standing position face first into the
ground, resulting in significant injury to Austin’s forehead. Viewing the evidence
in the light most favorable to Austin, he raised a genuine dispute of material fact as
to whether Baker’s use of force was objectively reasonable in light of the facts and
circumstances. See Kingsley v. Hendrickson, 135 S. Ct. 2466, 2473 (2015)
(discussing the legal standard applicable to excessive force claims brought by
pretrial detainees). Accordingly, we reverse and remand for further proceedings.
Baker’s motion to submit physical exhibits, filed on November 3, 2014, is
granted.
REVERSED and REMANDED.
13-15400 2

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