ADAME v. Surprise Police Department; Joseph Gruver, Officer; Shaun McGonigle, Officer, Defendants. (2022)

United States Court of Appeals, Ninth Circuit.

Maria ADAME, Surviving mother of decedent, personal representative of estate of Derek Adame, deceased; Clarisa Abarca, As parent of minor child, surviving daughter of decedent Derek Adame, on behalf of C.A., Plaintiffs-Appellees, v. CITY OF SURPRISE, Defendant-Appellant, Surprise Police Department; Joseph Gruver, Officer; Shaun McGonigle, Officer, Defendants.

No. 21-16031

Decided: September 09, 2022

Before: Mary H. Murguia, Chief Judge, and Susan P. Graber and Carlos T. Bea, Circuit Judges. James M. Jellison (argued), Jellison Law Offices PLLC, Carefree, Arizona, for Defendant-Appellant. Dale K. Galipo (argued) and Eric Valenzuela, Law Offices of Dale K. Galipo, Woodland Hills, California; Anthony J. Ramirez, Warnock MacKinlay Law PLLC, Scottsdale, Arizona; for Plaintiffs-Appellees. Nancy L. Davidson, Phoenix, Arizona, for Amicus Curiae League of Arizona Cities and Towns.

ORDER

In light of the Supreme Court of Arizona's August 29, 2022, order in response to this Court's June 14, 2022, certification order, this Court does not have interlocutory jurisdiction over this appeal pursuant to Ryan v. Napier, 245 Ariz. 54, 425 P.3d 230, 237 (2018) (determining that A.R.S. Section 12-820.05(B) provides immunity from only liability for damages, not from suit). This appeal is therefore dismissed.

This order constitutes the mandate of this court.

DISMISSED.