Civil Rights
Nov. 3, 2026
9th Circuit grants immunity to San Jose officer who shot protester
A divided appellate panel found that an officer violated a protester's Fourth Amendment rights by firing a foam baton round into a crowd but was shielded from liability because the law was not clearly established. The panel asked the California Supreme Court to clarify the standard for liability under the Bane Act.
A divided 9th U.S. Circuit Court of Appeals panel ruled Monday that a San Jose police officer who shot a protester behind the knee with a foam baton round during a 2020 demonstration violated his constitutional rights but is nevertheless entitled to qualified immunity.
In a 2-1 decision, the panel held that Officer James Adgar used excessive force against Kyle Johnson during a protest following the murder of George Floyd by a Minneapolis police officer. But the majority concluded ...
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