Legal Opinion
Vera Cruz v. City of Escondido
Court of Appeals for the Ninth Circuit
Decided October 3, 1997No. 95-56782PublishedCited by 48 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
We hold that deadly force under Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985), means force reasonably likely to kill.
I
1992 did not start well for Robert Vera Cruz. After drinking more than two six-packs of beer on New Year’s Day, he headed over to the local Del Taco restaurant. The Del Taco employees were cleaning up after closing and refused to serve Vera Cruz, who then challenged them to a fight. When the challenge was declined, Vera Cruz angrily hit the restaurant window and went home.
Just after returning home, Vera Cruz’s thirst also returned…
2Cases cited10 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Chew v. GatesCourt of Appeals for the Ninth Circuit · 1994
- Ashcroft v. MattisSupreme Court of the United States · 1977
- Candi Ryder v. The City of Topeka and Michael MeyerCourt of Appeals for the Tenth Circuit · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Smith v. City of HemetCourt of Appeals for the Ninth Circuit · 2005
- Richard Leo Deorle v. Greg Rutherford, Butte County Deputy Sheriff Mick Grey, Butte County Sheriff County of ButteCourt of Appeals for the Ninth Circuit · 2001
- United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
- Ana Sandoval v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2021
- Price v. SeryCourt of Appeals for the Ninth Circuit · 2008
43 more not listed; retrieve them via the Exa API.