United States Ninth Circuit

Summary judgment for defendants in a 1983 action in which plaintiffs alleged that defendant-officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs is affirmed, where: 1) the officers had reason to believe the suspect was committing, and then attempting to conceal, a drug offense; 2) the use of force was not excessive or disproportionate to the quickly escalating situation and given the speed with which the events occurred, it was objectively reasonable to resort to deadly force; and 3) plaintiffs' due process claim fails because nothing in the officers' behavior suggested that there were ulterior motives at work.

Appellate Information

• Decided 05/13/2013
• Published 05/13/2013

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel