United States Ninth Circuit

In this action brought by the relatives of the deceased, who was shot and killed by City of Anaheim police officers, summary judgment in favor of defendant police officers is: 1) reversed in part and remanded, where the district court erred in ruling that only an unreasonable or speculative jury could disbelieve the officers' version of events, given various factual discrepancies including that the deceased did not have a gun on him and was still suspended by his seat belt when he was shot; and 2) affirmed in part as to the officer who could not see the deceased's hands but fired because of a perceived threat after he heard gunshots.

Appellate Information

• Decided 08/28/2014
• Published 08/28/2014

Judges

• Kozinski

Court

• United States Ninth Circuit

Counsel