The following excerpt is from Herrera v. L. A. Unified Sch. Dist., 20-55054 (9th Cir. 2021):
In evaluating deliberate indifference, circumstances are vital in contextualizing a defendant's decisions. Three cases illustrate the importance of context. In Hernandez v. City of San Jose, 897 F.3d 1125, 1129 (9th Cir. 2018), we held that deliberate indifference had been sufficiently alleged against police defendants who supervised a political rally where attendees were injured. As in similar rallies in other cities, a crowd of protesters waited outside the convention halls. Id. Despite knowing about violence that had broken out at the convention center earlier that evening and at similar events, police directed rally attendees into the crowd of protesters. Id. at 1130. Then, when attendees and protestors clashed, police avoided intervening in fear of sparking a riot. Id. at 1129.
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