United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging, inter alia, that police officers unconstitutionally used deadly force for which defendant-City was liable, summary judgment for the city on the Monell claims is affirmed in part and reversed in part where: 1) the city's official policy concerning the use of deadly force, as written, does not violate the requirements of the Constitution; 2) plaintiff failed to make a sufficient showing of a failure to train on the part of the city to survive summary judgment; but 3) a genuine issue of material fact existed as to whether a "longstanding" practice or custom of the city might in fact have deprived decedent of his constitutional rights.

Appellate Information

• Argued 11/13/2006
• Decided 01/22/2008
• Published 01/22/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN, EDWARD LEAVY, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elden M. Rosenthal, Rosenthal & Greene, P.C., Portland, OR, argued the cause and filed briefs for the plaintiffs-appellants.


• For Appellees:
  
• Harry Auerbach, Office of Chief Deputy City Attorney, Office of City Attorney, Portland, OR, argued the cause and filed a brief for the defendants-appellees.