United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by the police, judgment for defendants is affirmed where evidence of plaintiff-decedent's animosity toward the police was relevant to show that he was trying to provoke a police shootout, rather than trying to surrender, in order to commit "suicide by cop."

Appellate Information

• Argued 07/14/2009
• Decided 08/07/2009
• Published 08/07/2009

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before Barry G. Silverman, Richard R. Clifton and Milan D. Smith, Jr., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jay B. Shapiro, Forman & Associates, San Rafael, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Dennis J. Herrera, Joanne Hoeper, Blake P. Loebs, Scott D. Wiener (argued), and Erin Bernstein, San Francisco City Attorney's Office, San Francisco, CA, for the defendants-appellees.