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TORRES v. CITY OF MADERA

No. 05-16762.

524 F.3d 1053 (2008)

Maria TORRES; Melchor Torres; Everardo Torres, Plaintiffs-Appellants, v. CITY OF MADERA; Marcy Noriega, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted November 8, 2007.

Filed May 5, 2008.

Attorney(s) appearing for the Case

Carl E. Douglas (argued) and Cameron A. Stewart (briefed), The Cochran Firm, Los Angeles, CA, for the plaintiffs-appellants.

Bruce Praet (briefed and argued), Ferguson, Praet & Sherman, Santa Ana, CA, for the defendants-appellees.

Before: B. FLETCHER, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

HAWKINS, Circuit Judge:

In this interlocutory appeal, we face an issue remarkably similar on its facts to that faced by the Fourth Circuit in Henry v. Purnell, 501 F.3d 374 (4th Cir.2007). There, a deputy sheriff, intending to deploy a Taser device holstered near his firearm, instead drew and fired his service weapon, wounding a suspect fleeing arrest. Here, Madera City Police Officer Marcy Noriega ("Officer Noreiga") made...

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