United States Ninth Circuit

District court properly denied defendant's motion for judgment as a matter of law in a 1983 action brought by children of woman shot and killed by defendant-officer following a high speed chase, where: 1) it was clearly established that a police officer violates the Fourteenth Amendment due process clause if he kills a suspect when acting with the purpose to harm, unrelated to a legitimate law enforcement objective; 2) the jury reasonably found that defendant-officer shot the victim with a purpose to harm unrelated to a legitimate law enforcement objective; 3) as such, defendant-officer could not assert qualified immunity in a post-verdict motion for judgment as a matter of law; but 4) the attorney's fee award is reversed and remanded for a determination of a reasonable fee in light of In re Kekauoha-Alisa.

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel