Legal Opinion
Torres v. City of Madera
Court of Appeals for the Ninth Circuit
Decided August 22, 2011No. 09-16573PublishedCited by 275 opinions
1Opinion of the Court
Opinion by Judge HAWKINS; Concurrence by Judge SILER.
OPINION
HAWKINS, Senior Circuit Judge:
While handcuffed in the back seat of a patrol car, Everardo Torres (“Everardo”) was mortally wounded when Madera City Police Officer Marcy Noriega (“Officer Noriega”) shot him in the chest with her Glock semiautomatic pistol, believing it at the time to be her Taser M26 stun gun. Everardo’s family filed this survival action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment, and now appeals from an adverse grant of summary judgment. Consistent with the Fourth Circuit’s…
2Cases cited34 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Scott v. HarrisSupreme Court of the United States · 2007
- Anderson v. CreightonSupreme Court of the United States · 1987
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3Cited by275 opinions
- Michael Lacey v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2012
- Edward Furnace v. Paul SullivanCourt of Appeals for the Ninth Circuit · 2013
- Jacqlyn Smith v. Clark County School DistrictCourt of Appeals for the Ninth Circuit · 2013
- 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
270 more not listed; retrieve them via the Exa API.