Legal Opinion

Warren Prostrollo v. City of Scottsdale

Court of Appeals for the Ninth Circuit

Decided January 24, 2017No. 14-16921Unpublished

1Opinion of the Court

MEMORANDUM **

The district court properly granted summary judgment in favor of defendants. Viewing the facts in the light most favorable to plaintiff, no reasonable jury could conclude that Lt. Bayne’s use of deadly force was objectively unreasonable. It is undisputed that the decedent, Jason Pros-trollo, had threatened two people with a knife earlier in the evening. It is also undisputed that when Prostrollo emerged from the house, he was armed with a potentially deadly weapon (two halves of a pool cue), and that he disregarded officers’ warnings to halt his advance. Lt. Bayne did not know…

2Cases cited5 opinions

  1. Billington v. SmithCourt of Appeals for the Ninth Circuit · 2002
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. City of Los Angeles v. HellerSupreme Court of the United States · 1986
  4. Wilkinson v. TorresCourt of Appeals for the Ninth Circuit · 2010
  5. Marquez Ex Rel. Marquez v. City of PhoenixCourt of Appeals for the Ninth Circuit · 2012

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