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JENSEN v. CITY OF OXNARD

No. 97-55936.

145 F.3d 1078 (1998)

Jennifer JENSEN, individually and as Administrator of the Estate of James Rex Jensen, Jr., deceased and Lindsey Elizabeth Jensen and Katelyn Melisa Jensen, minors by and through Jennifer Jensen, guardian ad Litem, Plaintiff-Appellee, v. CITY OF OXNARD; Chief Harold Hurtt, individually and as Chief of Police; Stan Meyers, individually and as Assistant Chief of Police; Tom Cady, individually and as Assistant Chief of Police; John Crombach, individually and as Commander; Bill Lewis, individually and as Sergeant; Daniel Christian, individually and as Sergeant; and Does 1 through 100, inclusive, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1998.

Attorney(s) appearing for the Case

Jeffrey Held and Alan E. Wisotsky, Law Offices of Alan E. Wisotsky, Oxnard, CA, for Defendants-Appellants.

Edward Steinbrecher, Steinbrecher and Associates, Encino, CA, for Plaintiff-Appellee.

Before: WALLACE, TROTT and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Officer James Jensen was shot and killed by a fellow officer during a SWAT Unit raid to serve a search warrant on an unoccupied residence. His widow, Jennifer Jensen, brought a 42 U.S.C. § 1983 action against the City of Oxnard, its police chief and several individual officers. The defendants moved to dismiss for failure to state a claim under Rule 12(b)(6). The district court denied this motion. We affirm.

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