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ESPINOSA v. CITY AND COUNTY OF SAN FRANCISCO

No. 08-16853.

598 F.3d 528 (2010)

Kathleen ESPINOSA, individually and as personal representative of the Estate of decedent Asa Sullivan; Asa Sullivan; A.S., by and through his Guardian ad Litem; Nicole Guerra, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO; Heather Fong, in her capacity as Chief of Police, Defendants, and John Keesor, Police Officer; Michelle Alvis, Police Officer; Paul Morgado, Police Officer, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2010.

Attorney(s) appearing for the Case

Peter J. Keith, Deputy City Attorney, San Francisco, CA, for the appellants.

Benjamin Nisenbaum, Law Offices of John L. Burris, Oakland, CA, and Julie M. Houk, Law Offices of James B. Chanin, Berkeley, CA, for the appellees.

Before: PROCTER HUG, JR. and RICHARD A. PAEZ, Circuit Judges, and GEORGE H. WU, District Judge.

HUG, Senior Circuit Judge:

Officers of the San Francisco Police Department and the City and County of San Francisco ("defendants") brought an interlocutory appeal from the district court's denial of their summary judgment motion in this 42 U.S.C. § 1983 action brought by Kathleen Espinosa and other survivors of Asa Sullivan ("plaintiffs"). Plaintiffs allege that Officers Paulo Morgado, Michelle Alvis, and John Keesor violated Asa Sullivan's Fourth Amendment rights...

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