United States Ninth Circuit

In an action brought by three organizational plaintiffs and the family and estate of a man who was shot and killed by defendant-city's police officer, the district court's judgment is: 1) reversed in part, as to the decision striking the plaintiff-estate's damages award, where Cal. Civ. Proc. Code section 377.34, which disallows pre-death pain and suffering, does not apply to 42 U.S.C. section 1983 claims where the decedent's death was caused by a violation of federal law; 2) reversed in part as to the dismissal of two claims; 3) affirmed in part the district court's summary judgment for defendants on the intentional infliction of emotion distress and section 1983 substantive due process claims brought be decedent's siblings; 4) reversed in part the district court's summary judgment on the family's negligence claim based on the coroner's failure to provide timely notice of decedent's death; and 5) vacated in part, with regard to the attorneys' fee award.

Appellate Information

• Decided 05/19/2014
• Published 05/19/2014

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel