LEWIS v. SACRAMENTO COUNTY

No. 93-15924.

98 F.3d 434 (1996)

Teri LEWIS and Thomas Lewis, Personal Representatives of the Estate of Philip Lewis, Plaintiffs-Appellants, v. SACRAMENTO COUNTY; Sacramento County Sheriff'S Department; James E. Smith, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 9, 1996.


Attorney(s) appearing for the Case

Paul J. Hedlund, Kananack, Murgatroyd, Baum & Hedlund, Los Angeles, CA, for plaintiffs-appellants.

Terence John Cassidy, Porter, Scott, Weinberg & Delehand, Sacramento, CA, for defendants-appellees.

Before SCHROEDER, PREGERSON, and WIGGINS, Circuit Judges.


OPINION

PREGERSON, Circuit Judge:

This 42 U.S.C. § 1983 case involves a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol car. One of the teenagers was killed. We have jurisdiction under 28 U.S.C. § 1291. We reverse the district court's grant of summary judgment on the issue of qualified immunity as to the officer but affirm the grant of summary judgment in favor of the municipal defendants.

I...

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