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WILKINSON v. TORRES

No. 09-35098.

610 F.3d 546 (2010)

Scott WILKINSON, in his individual capacity and as Executor of the Estate of Jason Scott Wilkinson; Alisha White, an individual; Estate of Jason Scott Wilkinson, Plaintiffs-Appellees, v. Rick TORRES, individually and as City of Vancouver Police Officer, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2010.

Attorney(s) appearing for the Case

Beau D. Harlan, Vancouver, WA, for the plaintiffs-appellees.

Stewart A. Estes, Keating, Bucklin & McCormack, Seattle, WA, for the defendant-appellant.

Before: A. WALLACE TASHIMA and RICHARD C. TALLMAN, Circuit Judges, and CONSUELO B. MARSHALL, District Judge.

Opinion by Judge TASHIMA; Dissent by Judge MARSHALL.

TASHIMA, Circuit Judge:

On May 8, 2005, Defendant-Appellant Rick Torres ("Torres") shot and killed Jason Scott Wilkinson ("Wilkinson") as Wilkinson was driving a stolen minivan in a residential yard where the officers were on foot. Plaintiffs-Appellees Scott Wilkinson, Alisha Wilkinson, and the estate of Jason Scott Wilkinson (collectively, "Plaintiffs") brought an action against Torres and others, alleging...

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