Ramon Cortesluna v. Daniel Rivas-Villegas, et al.

Did the Ninth Circuit depart from longstanding procedure and precedent and fail to view video and other evidence in the light most favorable to the plaintiff with respect to the central facts of the case and accept a version of facts that is a “visible fiction” when it “should have viewed the facts in the light depicted by the videotape” and other evidence? Tolan v. Cotton, 572 U.S. 650 (2014); Scott v. Harris, 550 U.S. 372 (2007). Specifically, in light of all the video, audio and other evidence, are there genuine disputes of material fact about each Graham factor in this excessive force case, including: (1) whether a reasonable officer would have perceived an immediate threat or resistance because a subject lowered his hands toward his thighs and thus toward a knife in a side pocket of baggy sweatpants when the subject’s hands were visibly empty and visibly not grasping for a weapon; (2) whether a reasonable officer would have assessed the alleged crime as severe after investigation at the scene with little indicia supporting the “911” caller’s dire version of events; and (3) whether a reasonable officer would have intervened to calm down an officer stating in advance that he was going to shoot the subject with less lethal?