BILLINGTON v. SMITH

Nos. 00-36062, 00-36075.

292 F.3d 1177 (2002)

Patricia BILLINGTON, as Personal Representative of the Estate of Ryan Hennessey and as Guardian Ad Litem for Austin Billington, a minor, and Jenny Hennessey, Plaintiff-Appellee, v. David SMITH, individually and in his official capacity as a Detective for the Boise City Police Department; Larry A. Paulson, individually and in his official capacity as Chief of Police for the City of Boise; John Does 1-10, Defendants, and City of Boise, Defendant-Appellant. Patricia Billington, as Personal Representative of the Estate of Ryan Hennessey and as Guardian Ad Litem for Austin Billington, a minor, and Jenny Hennessey, Plaintiff-Appellee, v. City of Boise, a municipal corporation; Larry A. Paulson, individually and in his official capacity as Chief of Police for the City of Boise; John Does 1-10, Defendants, and David Smith, individually and in his official capacity as a Detective for the Boise City Police Department, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2002.


Attorney(s) appearing for the Case

Kirtlan G. Naylor, Naylor & Hales, Boise, ID, for appellant David Smith.

Martin C. Hendrickson, Moore, Baskin & Parker, Boise, ID, for appellant City of Boise.

John C. Lynn, Lynn, Scott, & Hackney, Boise, ID, for appellee.

Before KLEINFELD and GOULD, Circuit Judges, and ROLL, District Judge.


OPINION

KLEINFELD, Circuit Judge.

We consider whether a police officer is entitled to qualified immunity for shooting and killing a motorist.

FACTS

The police officer sued in this case, David Smith, is a detective with the Boise City Police Department. When he came off his shift on the night at issue, he did a stint as a private security guard (as department policy allowed) at a Neil Diamond...

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