Ninth Circuit Grants San Jose Officer Qualified Immunity
The federal appeals court upheld a force-related jury verdict's reversal for officer James Adgar over 2020 protest injuries.
Updated on Nov. 15, 2026 in Law Enforcement
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The Ninth Circuit granted San Jose Police Officer James Adgar qualified immunity in a case stemming from 2020 George Floyd demonstrations in downtown San Jose. The court agreed Adgar used unreasonable force when indiscriminately firing projectiles into a crowd, even as it granted him immunity.
Why it matters
The ruling shields an officer from personal liability despite finding unreasonable force, a tension that shapes how injured protesters can seek accountability. The California Supreme Court has been asked to address related state-law questions, which could affect how similar cases are handled in the state.
The Ninth Circuit granted Officer James Adgar qualified immunity after a jury had found him and the city liable on First and Fourth Amendment, Bane Act, battery and negligence claims. The California Supreme Court has been asked to address state-law questions, and the outcome of that request is not yet known.
The players
James Adgar
A San Jose police officer whose use of foam baton rounds during 2020 protests led to the excessive force case. He was granted qualified immunity by the Ninth Circuit.
City of San Jose
The municipal government of San Jose, California, which was found liable alongside Adgar by the jury in the case.
The details
Kyle Johnson, a protester, was hit in the leg by a foam baton round fired by Adgar during 2020 demonstrations in downtown San Jose, and he claimed a large circular bruise and a blood clot that reduced his ability to stay active. The appeals court found Adgar fired projectiles indiscriminately into a crowd, but granted him qualified immunity.
Timeline
2020: George Floyd demonstrations in downtown San Jose, where Johnson was injured.
Nearly two years before November 2026: A jury awarded more than $1 million to Johnson.
November 14, 2026: The Ninth Circuit granted qualified immunity and the California Supreme Court was asked to address state-law questions.
Legal Context
The ruling applies the federal doctrine of qualified immunity, which shields officers from personal liability unless they violated clearly established law, to a 2020 protest case in San Jose. The decision highlights a recurring gap between finding force unreasonable and holding individual officers accountable.
Residents who attended protests or were injured by police projectiles may find that a finding of unreasonable force does not always translate into personal damages against the officer. Local businesses and residents should note that the city itself remains exposed to the jury's liability finding.
The takeaway
A finding of unreasonable force and a grant of qualified immunity can coexist, so injured people should track both the individual and municipal outcomes of a case. Follow official court filings to see how the state-law questions are resolved.
Further reading
For more on how officers are held to account, see Law Enforcement coverage for San Jose.
Source note: This article includes information reported by Lodinews.
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