United States Ninth Circuit

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S.B. v. County of San Diego, 15-56848

In an action brought under 42 U.S.C. section 1983 alleging that the deputy used excessive force when he shot and killed decedent-plaintiff in his home, the district court's order on summary judgment denying qualified immunity to a Sheriff's deputy is reversed and remanded where the deputy was immune from liability under section 1983 for his use of deadly force because it was not clearly established on August 24, 2013, that using deadly force under the circumstances would constitute excessive force under the Fourth Amendment.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/12

Judges

  • OWENS

Court

  • United States Ninth Circuit

Counsel


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