United States Ninth Circuit

Summary judgment in favor of defendants in an action brought under 42 U.S.C. section 1983 alleging violations of plaintiff's and her deceased father's Fourth Amendment rights, after Sheriff's deputies shot and killed the father during a response to a domestic disturbance call is: 1) reversed in part and remanded, as to the district court's finding that plaintiff had standing, where plaintiff failed to alleged that she was her father's personal representative or successor in interest; 2) affirmed in part, as to plaintiff's substantive due process claim, where there was no evidence that the deputies fired their weapons for any purpose other than self-defense; but 3) reversed in part and remanded regarding plaintiff's negligent wrongful death claim, where reasonable jurors could conclude that the deputies' use of deadly force was not objectively reasonable, and that under California law, their duty to act reasonably extended to their pre-shooting conduct.

Appellate Information

• Decided 12/02/2013
• Published 12/02/2013

Judges

• GOODWIN

Court

• United States Ninth Circuit

Counsel