The following case summary has been provided by James R. Touchstone, Esq. Partner at Jones Mayer and CPOA’s General Counsel.

The Ninth Circuit Court of Appeals held in Cheairs v. City of Seattle 2025 U.S. App. LEXIS 19330 (9th Cir. Aug. 1, 2025), that the use of force by an officer – who threw a blast ball diversionary device that injured a bystander who was filming protestors – was not excessive.  In reaching its conclusion, the Court concluded that the protesters at the front of the crowd, near whom the bystander stood, objectively posed an immediate threat to the safety of officers, citizens, and property.

Read the full text here: Client Alert Vol. 40 No. 16