Legal Opinion

Scott v. Henrich

Court of Appeals for the Ninth Circuit

Decided September 9, 1994No. 91-35429PublishedCited by 502 opinions

1Opinion of the Court

Opinion by Judge KOZINSKI; Dissent by Judge NORRIS.

ORDER

The opinion and dissent filed on September 9, 1994, are withdrawn. The attached revised opinion and dissent shall be filed in their place.

OPINION

KOZINSKI, Circuit Judge.

Doris Scott contends that the police officer defendants acted unreasonably by killing her husband John Scott.1 We consider the amount of proof needed to overcome a motion for summary judgment in a deadly force case under section 1983.

Facts

Officers Flamand and 'Henrich were called to 701 West Park Street in Butte, Montana, in response to reports that a man was firing a gun…

2Cases cited13 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. City of Canton v. HarrisSupreme Court of the United States · 1989
  5. Tennessee v. GarnerSupreme Court of the United States · 1985

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3Cited by502 opinions

  1. Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
  2. Lamont v. New JerseyCourt of Appeals for the Third Circuit · 2011
  3. Michael Kopec v. Tyrone Tate, Officer Township of WhitemarshCourt of Appeals for the Third Circuit · 2004
  4. Gonzalez Ex Rel. Gonzalez v. City of AnaheimCourt of Appeals for the Ninth Circuit · 2014
  5. James Snyder, Plaintiff-Appellee-Cross-Appellant v. Sidney Trepagnier, City of New Orleans, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998

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