Ninth Circuit
Nelson v. City of Davis, 685 F.3d 867, 887 (9th Cir. 2012) (“We hold that a reasonable officer should have known that the firing of the pepperball gun towards Nelson and his friends, given the minimal governmental interests at stake, was in violation of Nelson’s clearly established Fourth Amendment right, even when that force was applied in the larger context of crowd dispersal.”).
Tenth Circuit
Fogarty v. Gallegos, 523 F.3d 1147, 1161-62 (10th Cir. 2008) (concluding that officers should have been well aware that the use of a pepperball gun against a non-threatening individual committing a minor crime, even in the context of a large disturbance, was unreasonable).