Toni Antonellis v. STATE OF CALIFORNIA and AARON ROTHBERG, CHP Officer

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TONI ANTONELLIS,
Plaintiff-Appellant,
v.
STATE OF CALIFORNIA and AARON
ROTHBERG, CHP Officer,
Defendants-Appellees,
and
DOES, 1-15,
Defendant.
No. 17-55412
D.C. No.
8:15-cv-00024-JVS-JCG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted June 5, 2018**
Pasadena, California
FILED
JUN 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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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Before: FERNANDEZ and CHRISTEN, Circuit Judges, and BENNETT,***
District Judge.
Toni Antonellis appeals the district court’s order granting summary
judgment in favor of defendants on her claims for excessive force under the Fourth
Amendment, violation of bodily integrity under the Fourth and Fourteenth
Amendments, and battery under California common law. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
1. When viewing the facts in the light most favorable to Antonellis, no
reasonable juror could conclude that Officer Rothberg violated Antonellis’s
constitutional rights. See Mueller v. Auker, 576 F.3d 979, 993 (9th Cir. 2009). It
was objectively reasonable for Officer Rothberg to handcuff Antonellis for a total
of nine minutes and to prohibit her from leaving the scene to use the restroom;
Antonellis committed multiple traffic violations and fled the scene when Officer
Rothberg first pulled her over. Thus, Officer Rothberg is entitled to qualified
immunity.
2. For the same reason, Antonellis’s battery claim fails. See Arpin v. Santa
Clara Valley Transp. Agency, 261 F.3d 912, 922 (9th Cir. 2001).
AFFIRMED.
*** The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa, sitting by designation.
2

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