Legal Opinion

Justin Terrance Monroe v. City of Phoenix, Arizona Donald Sherrard, Husband Jane Doe Sherrard, Wife

Court of Appeals for the Ninth Circuit

Decided April 17, 2001No. 99-16974PublishedCited by 59 opinions

1Opinion of the Court

McKEOWN, Circuit Judge:

The primary issue in this police-shooting case is whether the district court erred by giving the jury an excessive force instruction rather than a deadly force instruction pursuant to Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). Justin Monroe brought suit against Sgt. Donald Sherrard, an officer with the Phoenix Police Department, and the City of Phoenix (collectively, the “City”), alleging federal civil rights violations and state tort claims arising from an altercation in which Sgt. Sherrard shot Monroe. A jury returned a verdict in favor of…

2Cases cited24 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Tennessee v. GarnerSupreme Court of the United States · 1985
  3. Gilbrook v. City of WestminsterCourt of Appeals for the Ninth Circuit · 1999
  4. Cunningham v. GatesCourt of Appeals for the Ninth Circuit · 2000
  5. John Louis Lalonde v. County of Riverside, Robert Moquin, and Jason Horton, OpinionCourt of Appeals for the Ninth Circuit · 2000

19 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Jones v. WilliamsCourt of Appeals for the Ninth Circuit · 2002
  2. Joan Hangarter v. Provident Life and Accident Insurance Company, and the Paul Revere Life Insurance Company Unumprovident Corp.Court of Appeals for the Ninth Circuit · 2004
  3. Price v. SeryCourt of Appeals for the Ninth Circuit · 2008
  4. Torres v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2008
  5. Carrie Tritchler v. The County of Lake, the Superior Court in and for the County of Lake, and Lee B. PooleCourt of Appeals for the Ninth Circuit · 2004

54 more not listed; retrieve them via the Exa API.

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