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LONG v. CITY AND COUNTY OF HONOLULU

No. 05-16567.

511 F.3d 901 (2007)

Cynthia Marie LONG, individually, and as Personal Representative of the Estate of Dustan Dominic Long, Plaintiff-Appellant, v. CITY AND COUNTY OF HONOLULU; Patrick A. Sterling, Officer, Honolulu Police Department; John Does, 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2007.

Attorney(s) appearing for the Case

Jack Schweigert, Honolulu, HI, for the plaintiff-appellant.

Brian Y. Hiyane, Honolulu, HI, for the defendants-appellees.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Cynthia Long (Ms. Long), mother of decedent Dustan Long (Long), appeals the grant of a motion for summary judgment in favor of Defendants, City and County of Honolulu, and police officer, Patrick Sterling. Ms. Long primarily contends that Sterling used deadly force against her son in violation of his Fourth Amendment rights and that the district court erred in granting Sterling qualified immunity. Because we conclude that Sterling...

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