United States Ninth Circuit

In an estate's 42 U.S.C. section 1983 suit involving claims of excessive force leading to the death of an individual, summary judgment for defendants is affirmed where: 1) police officers did not use excessive force in violation of the Fourth Amendment in attempting to restrain the individual; and 2) consequently, the estate's section 1983 claims against defendant-county also failed.

Appellate Information

• Argued 11/06/2007
• Decided 04/29/2008
• Published 04/29/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David J. Gierlach, Honolulu, HI, argued the cause for the plaintiffs-appellants;  Brian A. Duus, Honolulu, HI, was on the brief.


• For Appellees:
  
• Kenneth Robbins, Robbins & Associates, Honolulu, HI, argued the cause for the defendants-appellees;  Brian T. Moto, Corporation Counsel, and Laureen L. Martin, Moana M. Lutey, Richard B. Rost, Deputy Corporation Counsel, County of Maui, Wailuku, HI, were on the brief.