United States Ninth Circuit
Estate of Andy Lopez v. Gelhaus, 16-15175
Affirming the district court order denying defendants' motion for summary judgment on the defense of qualified immunity in a case alleging the use of excessive force by a sheriff's deputy when he fatally shot a thirteen-year-old holding a toy assault rifle because no warning was given and the toy had been pointed at the ground, so a reasonable jury could find that the use of deadly force was not objectively reasonable.
Appellate Information
- Published 2017/09/22
Judges
- SMITH
Court
- United States Ninth Circuit