United States Ninth Circuit

In an action brought under 42 U.S.C. section 1983 and state law alleging that City of Anaheim police officers used unconstitutional deadly force when they shot and killed the victim-plaintiff, the district court's summary judgment in favor of defendants is: 1) reversed in part, where considering the facts in the light most favorable to the nonmoving party, a reasonable juror could find in favor of plaintiffs; but 2) affirmed in part, where defendants were entitled to qualified immunity because it was not clearly established on January 7, 2012, that using deadly force in this situation, even viewed in the light most favorable to plaintiffs, would constitute excessive force under the Fourth Amendment.

Appellate Information

• Published 2016/05/25

Judges

• OWENS

Court

• United States Ninth Circuit

Counsel