The unpublished cases recognizing Hansen after Saucier are even more numerous. See, e.g., Martinez-Rodriguez v. United States, 375 Fed.Appx. 743, 744 (9th Cir. 2010); Long v. Pend Oreille County Sheriff's Dep't, 269 Fed.Appx. 749, 751 (9th Cir. 2008). Pearson does not affect what is "clearly established" for qualified immunity.
Docket 49 at 20 n.124.Long v. Pend Oreille Cty. Sheriff's Dep't , 269 F. App'x 749, 751 (9th Cir. 2008) ("Appellants abandoned their false arrest claim by failing to raise it in their opposition to summary judgment"); see alsoSantos v. TWC Admin. LLC , No. CV 13-04799 MMM, 2014 WL 12558274, at *9 (C.D. Cal. Nov. 3, 2014) ("The failure of a plaintiff to offer evidence or argument concerning a specific claim in opposition to a motion for summary judgment constitutes abandonment of the claim, and summary judgment is properly entered in the defendant's favor on the claim as a result.")
Therefore, the Court deems Plaintiffs' Equal Protection claim abandoned. See Shakur v. Schriro, 514 F.3d 878, 892 (9th Cir. 2008) (claims not raised in opposition are deemed abandoned); Long v. Pend Oreille Cnty Sheriff's Dep't, 269 Fed.Appx. 749, 751 (9th Cir. 2008); Jenkins v. County of Riverside, 398 F.3d 1093, 1095 n.4 (9th Cir. 2005). F. Substantive Due Process
The court also notes that the plaintiffs abandoned their section 2923.7 claim by not responding in their opposition to Wells Fargo's arguments. See Long v. Pend Oreille Cnty. Sheriff's Dep't, 269 F. App'x 749, 751 (9th Cir. 2008) (appellants abandoned ยง 1983 false arrest claim by failing to raise it in opposition) (citing Jenkins v. County of Riverside, 398 F.3d 1093, 1095 n.4 (9th Cir. 2005) (noting that the claims not raised in opposition to summary judgment motion were abandoned)).
on. If Daley was present only after the physical altercation had already begun, Daley's failure to intervene then cannot serve as a basis of liability because where there is no violation, there is no duty to intervene and we have concluded that officers coming upon an altercation between a guard and a prisoner are entitled to use such force as to stop the prisoner from continuing to physically resist the officers' control and we have already concluded that the use of the force by the three defendants herein after the altercation had already begun could not be found to be excessive.Armbruster v. Marguccio, No. CIV.A. 05-344J, 2006 WL 3488969, at *8 (W.D.Pa. Dec. 4, 2006) ("Because the force used in this case was not constitutionally excessive, the other officers [sought to be held liable for failing to intervene] cannot be held liable for failure to intervene or protect.") (quoting Long v. Pend Oreille County, 2006 WL 2850011, at *10 (E.D. Wash. 2006), aff'd in part and rev'd in part, 269 Fed.Appx. 749 (9th Cir. 2008)). Hence, Daley's failure to intervene after the altercation had already begun, cannot render him liable.