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J. K. J. v. CITY OF SAN DIEGO

No. 20-55622.

42 F.4th 990 (2021)

J. K. J., individually, and successor in interest to the Deceased Aleah Jenkins, by and through his guardian-ad-litem Jeremy Hillyer, Plaintiff-Appellant, v. CITY OF SAN DIEGO, a public entity; David Nislet, in his individual capacity and official capacity as Police Chief of the San Diego Police Department; Lawrence Durbin, an individual; Jason Taub, an individual; Does, 1-10, Inclusive, Defendants-Appellees, and Nicholas Casicola, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2021.

Amended August 2, 2022.

Attorney(s) appearing for the Case

Kaveh Navab (argued), Navab Law APC, Marina Del Rey, California, for Plaintiff-Appellant.

Seetal Tejura (argued), Chief Deputy City Attorney; George F. Schaefer , Assistant City Attorney; Mara W. Elliott , City Attorney; Office of the City Attorney, San Diego, California; for Defendants-Appellees.

The panel unanimously votes to the petition for panel rehearing filed December 13, 2021. The opinion filed November 15, 2021, and appearing at 17 F.4th 1247, is amended by the opinion filed concurrently with this order. Judge Watford's dissent is also amended by the dissent filed concurrently with this order. Because we grant the petition for panel rehearing, the petition for rehearing en banc is moot. Further petitions for rehearing en banc may be filed.

AMENDED OPINION

Aleah Jenkins was arrested at a traffic stop and fell ill in police custody. Tragically, she died nine days later. Her minor son, J.K.J., brought constitutional claims against the City of San Diego and two officers who participated in the traffic stop. The District Court dismissed J.K.J.'s amended...

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