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MAHACH-WATKINS v. DEPEE

No. 08-15694.

593 F.3d 1054 (2010)

Sylvia MAHACH-WATKINS, Individually & as the Successor in Interest to the Estate of John Joseph Wayne Watkins; Patricia Ann Watkins, Plaintiffs-Appellees, v. Larry DEPEE, a California Highway Patrol Officer; State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2010.

Attorney(s) appearing for the Case

David Warren Hamilton, S. Michelle Inan, Office of the California Attorney General, Oakland, CA, for the appellants.

Tory M. Pankopf, Law Offices of Tory M. Pankopf, Reno, NV, Mary Helen Beatificato, Beatificato & Associates, Rancho Santa Margarita, CA, for the appellees.

Before: D.W. NELSON, W. FLETCHER and RICHARD A. PAEZ, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

California Highway Patrol ("CHP") Officer Larry Depee ("Depee") shot and killed John Watkins ("Watkins") while on duty in Crescent City, California. Watkins's mother, Sylvia Mahach-Watkins ("Mahach-Watkins"), filed suit under 42 U.S.C. § 1983 and various provisions of state law on her own behalf and on behalf of her son's estate. A number of Mahach-Watkins's claims were dismissed...

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