United States Ninth Circuit

In a civil rights action arising in circumstances in which defendant-officer, intending to deploy a Taser device holstered near her firearm, instead drew and fired her service weapon, killing an individual, summary judgment for defendants is reversed and remanded where: 1) contrary to the ruling below, decedent was seized within the meaning of the Fourth Amendment; and 2) defendant-officer's mistake is governed by Fourth Amendment reasonableness analysis, requiring a remand for further proceedings.

Appellate Information

• Argued 05/17/2007
• Decided 05/05/2008
• Published 05/05/2008

Judges

• HAWKINS, Circuit Judge:, Before: B. FLETCHER, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Carl E. Douglas (argued) and Cameron A. Stewart (briefed), The Cochran Firm, Los Angeles, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Bruce Praet (briefed and argued), Ferguson, Praet & Sherman, Santa Ana, CA, for the defendants-appellees.