United States Ninth Circuit

In an action by parents pursuant to 42 USC section 1983 alleging that a police officer used excessive force when he shot and killed their son, the district court's grant of a motion to dismiss on the pleadings is affirmed, where: 1) a jury that convicted the son's accomplice already determined that the officer acted within the scope of his employment and did not use excessive force, so that a verdict in the plaintiffs' favor would tend to undermine that conviction; 2) the accomplice challenged the propriety of the officer's actions in her criminal trial, her interests in doing so were in no way inconsistent with the plaintiffs' interests, and the accomplice was convicted by a jury.

Appellate Information

• Decided 02/10/2012
• Published 02/10/2012

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dale K. Galipo, David D. Lawrence