Legal Opinion
Estate of Lopez Ex Rel. Lopez v. Gelhaus
Court of Appeals for the Ninth Circuit
Decided September 22, 2017No. 16-15175PublishedCited by 110 opinions
1Opinion of the Court
Dissent by Judge Wallace
OPINION
M. SMITH, Circuit Judge:
Sonoma County and Sheriffs Deputy Erick Gelhaus appeal from an order denying their motion for summary judgment on the defense of qualified immunity in an action alleging that Gelhaus deployed excessive force when he fatally shot thirteen-year-old Andy Lopez in October 2013. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A. Jose Licea Drives by Andy Lopez Prior to the Shooting
On October 22, 2013, at approximately 3:15 p.m., Jose Licea, a civilian with no connection to any of the parties to…
2Cases cited39 opinions
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- Tolan v. CottonSupreme Court of the United States · 2014
- Scott v. HenrichCourt of Appeals for the Ninth Circuit · 1994
- County of Los Angeles v. MendezSupreme Court of the United States · 2017
- Santos v. GatesCourt of Appeals for the Ninth Circuit · 2002
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3Cited by110 opinions
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- Geraldine Nicholson v. Miguel GutierrezCourt of Appeals for the Ninth Circuit · 2019
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