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ABSTON v. CITY OF MERCED

No. 11-16500.

MAUREEN ABSTON, individually, and as Personal Representative of the Estate of Richard Abston; COREY ABSTON; JACY ABSTON; LINDA ABSTON, Plaintiffs-Appellees, v. CITY OF MERCED, a municipal corporation; RUSS THOMAS, in his capacity as Sheriff for the the City of Merced, Defendants, and J. HART; B. DALIA; N. ARELLANO, individually and in their capacities as police officers for the City of Merced, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2013.

NOT FOR PUBLICATION

MEMORANDUM*

Defendants-Appellants, City of Merced police officers Jason Hart, Bernard Dalia, and Noemi Arellano, are alleged to have used constitutionally excessive force during the arrest of Richard Abston. Abston died at the conclusion of the incident described below. Abston's family members brought this action under 42 U.S.C. § 1983. The district court denied defendants' motion for summary judgment...

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