Legal Opinion
Jerry Newmaker v. City of Fortuna
Court of Appeals for the Ninth Circuit
Decided November 22, 2016No. 14-15098PublishedCited by 46 opinions
1Opinion of the Court
OPINION
W. FLETCHER, Circuit Judge:
Maxwell Soeth, a police officer in Fortu-na, California, fatally shot Jacob Newmaker during an attempted arrest. In this 42 U.S.C. § 1983 case alleging excessive force, Officer Soeth maintained in the district court that he shot Newmaker after he grabbed Soeth’s police baton. According to Soeth, Newmaker was standing upright and was swinging the baton violently toward Sergeant Charles Ellebrecht at head height when he was shot. According to Soeth, Newmaker then fell to the ground. Soeth maintained he shot Newmaker again as Newmaker was getting up and again…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Graham v. ConnorSupreme Court of the United States · 1989
- Hope v. PelzerSupreme Court of the United States · 2002
- Tolan v. CottonSupreme Court of the United States · 2014
- Tennessee v. GarnerSupreme Court of the United States · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- S.R. Nehad v. Neal BrowderCourt of Appeals for the Ninth Circuit · 2019
- Isayeva v. Sacramento Sheriff's DepartmentCourt of Appeals for the Ninth Circuit · 2017
- Jones v. Las Vegas Metropolitan Police DepartmentCourt of Appeals for the Ninth Circuit · 2017
- James O'Doan v. Joshua SanfordCourt of Appeals for the Ninth Circuit · 2021
- Christian Longoria v. Pinal CountyCourt of Appeals for the Ninth Circuit · 2017
41 more not listed; retrieve them via the Exa API.