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A. K. H BY AND THROUGH LANDEROS v. CITY OF TUSTIN

No. 14-55184.

837 F.3d 1005 (2016)

A. K. H., a minor BY AND THROUGH her Guardian Ad Litem Elizabeth LANDEROS; Maria Cerda Reyes; Benito Herrera; H. H., a minor by and through her Guardian Ad Litem Eloisa Gutierrez; A. H., a minor by and through her Guardian Ad Litem Eloisa Gutierrez; B. H., Jr., a minor by and through his Guardian Ad Litem Eloisa Gutierrez, Plaintiffs-Appellees, v. CITY OF TUSTIN; Officer Villarreal, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2016.

Attorney(s) appearing for the Case

M. Lois Bobak (argued), Robert L. Kaufman , and Daniel K. Spradlin , Woodruff Spradlin & Smart, APC, Costa Mesa, California, for Defendant-Appellant Officer Villarreal.

No appearance by Defendant-Appellant City of Tustin.

Dale K. Galipo (argued) and Eric Valenzuela , Law Offices of Dale K. Galipo, Woodland Hills, California, for Plaintiffs-Appellees.

Before: William A. Fletcher, Mary H. Murguia, and John B. Owens, Circuit Judges.

OPINION

Defendant Osvaldo Villarreal, a police officer in Tustin, California, fatally shot Benny Herrera during an attempted investigatory stop. As will be more fully described below, Herrera was on foot. Officer Villarreal was in his patrol car and had just driven up beside Herrera. Herrera was in the middle...

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