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VERA CRUZ v. CITY OF ESCONDIDO

No. 95-56782.

126 F.3d 1214 (1997)

Robert L. VERA CRUZ, Plaintiff-Appellant, v. CITY OF ESCONDIDO; Vincent Jimno, Chief; James Malandra # 243; Robert Benton # 152; Stephen Skuba # 224; Eric Distel # 196; Corey Moles, Sgt.; Does 1 through 200, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1997.

Attorney(s) appearing for the Case

Donald W. Cook, Los Angeles, California, for plaintiff-appellant Robert L. Vera Cruz.

Jeffrey R. Epp, David R. Chapman, City Attorneys, Mark A. Waggoner, Assistant City Attorney, Office of the City Attorney, Escondido, California, for defendants-appellees City of Escondido, Sgt. Corey Moles, Chief Vincent Jimno, James Malandra # 243, Robert Benton # 152, Stephen Skuba # 224 and Eric Distel # 196.

Robert S. Wolfe, Eugene P. Ramirez, Steven J. Renick, Manning, Marder and Wolfe, for defendants-appellees City of Escondido, Vincent Jimno, Corey Moles, and David Reaver and Adlerhorst International, Inc.

Before HALL, KOZINSKI and HAWKINS, Circuit Judges.

KOZINSKI, Circuit Judge.

We hold that deadly force under Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985), means force reasonably likely to kill.

I

1992 did not start well for Robert Vera Cruz. After drinking more than two six-packs of beer on New Year's Day, he headed over to the local Del Taco restaurant. The Del Taco employees were cleaning up after closing and refused to serve Vera Cruz...

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