United States Ninth Circuit

Denial of immunity for a California Highway Patrol officer in a civil rights suit involving an individual's death after a police pursuit and shooting by defendant-officer is affirmed where, on the basis of the facts submitted by the plaintiffs including the absence of warning and the lack of danger to the shooter or others, the officer was not entitled to immunity as a matter of law.

Appellate Information

• Argued 12/04/2006
• Decided 01/10/2007
• Published 01/10/2007

Judges

• NOONAN, Circuit Judge., Before NOONAN, HAWKINS, and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Scott H. Wyckoff, Deputy Attorney General of the State of California, Sacramento, CA, for the defendant-appellant., Jacques LeBoeuf, Oakland, California;  Randal W. Hooper, Oakland, CA, for the plaintiffs-appellees.