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HOPKINS v. ANDAYA

No. 89-16368.

958 F.2d 881 (1992)

Orlean HOPKINS, Individually, and Melba Lazenby-Jenkins as Administratrix of the Estate of Jerry Stancill, Plaintiffs-Appellants, v. Marc ANDAYA, George T. Hart, and the City of Oakland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1992.

As Amended March 24, 1992.

Attorney(s) appearing for the Case

Thomas H. Crawford, San Francisco, Cal., for plaintiffs-appellants.

Karen A. Silverstein, Asst. City Atty., Jayne W. Williams, City Atty., Oakland, Cal., for defendants-appellees.

Before D.W. NELSON, KOZINSKI and T.G. NELSON, Circuit Judges.

PER CURIAM:

On the night of May 21, 1984, Marc Andaya shot and killed Jerry Stancill. Appellants Orlean Hopkins, the mother of the decedent and Melba Lazenby-Jenkins, Stancill's daughter, brought this action, alleging claims under 42 U.S.C. § 1983 and 42 U.S.C. § 1988 and the California wrongful death statute. Hopkins and Lazenby-Jenkins appeal the summary judgment granted in favor of defendants/appellees, Marc Andaya, the City of Oakland, the Oakland police...

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