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Police immunity and later rulings

City of Escondido, California v. Emmons

Updated Oct 18, 2026

In brief

The Court partly overturned and partly wiped out the Ninth Circuit's ruling, then sent the case back for more proceedings.

Where it stands
Decided

Decided 9-0 · January 7, 2019 · Per curiam

What it’s about
Emmons challenged force used during an arrest after an Escondido disturbance call; officers claimed qualified immunity (protection from suit unless law clearly barred their conduct).
Who it affects
The case returns to the Ninth Circuit for more proceedings; the Supreme Court's order did not end Emmons's lawsuit.

Summary: written with AI from the case record.

Illustration for City of Escondido, California, et al., Petitioners v. Marty Emmons
Conceptual illustration · AI-generated

What it's about

The Supreme Court overturned part of the appeals court’s ruling (reversed it in part), wiped out another part (vacated it in part), and sent the case back for more proceedings (remanded).

Emmons challenged force used during an arrest after an Escondido disturbance call.

The question was whether the Ninth Circuit could find the officers' conduct clearly barred by law based on a case decided after the incident.

Question presented

Whether the Ninth Circuit erred in reversing summary judgment for the officers on qualified-immunity grounds by finding a clearly established right based on a case decided after the incident?

What the Court decided

Holding

The petition for certiorari is granted, the judgment of the Court of Appeals is reversed in part and vacated in part, and the case is remanded for further proceedings consistent with this opinion.

The vote

  • Joined the judgment
Majority · 9joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomas
  4. Kavanaugh
  5. Ginsburg
  6. Sotomayor
  7. Roberts
  8. Gorsuch
  9. Alito
9 justices joined the judgment.

What's next

The Ninth Circuit will take up the case again for further proceedings consistent with the Supreme Court's opinion.

Each side's argument

Marty Emmons
He challenged the force used during his arrest.
The City of Escondido and the officers
The officers claimed qualified immunity, which protects them from suit unless the law clearly barred their conduct.

Documents

3

Docket activity

8
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

Show 3 more
  • Opinion added: Escondido

    Jan 7, 2019 · Court records

  • Opinion added: opinion

    Jan 7, 2019 · Court records

  • Brief added: Petition

    Jun 8, 2018 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis