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A.D. v. MARKGRAF

Nos. 09-16460, 09-17635.

636 F.3d 555 (2011)

A.D., a Minor; J.E., a Minor; Sue Casey, Plaintiffs-Appellees, v. Stephen MARKGRAF, Defendant-Appellant, and State of California Highway Patrol, Defendant. A.D., a Minor; J.E., a Minor; Sue Casey, Plaintiffs-Appellees, v. State of California Highway Patrol, Defendant, and Stephen Markgraf, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2011.

Attorney(s) appearing for the Case

John P. Devine , Deputy Attorney General, Thomas A. Blake , Deputy Attorney General, San Francisco, CA, for the defendant-appellant.

John H. Scott , Scott Law Firm, San Francisco, CA; Amitai Schwartz , Law Offices of Amitai Schwartz, Emeryville, CA, for the plaintiffs-appellees.

Before: ALARCÓN, PAMELA ANN RYMER, and N. RANDY SMITH, Circuit Judges.

OPINION

RYMER, Circuit Judge:

California Highway Patrol Officer Stephen Markgraf appeals the judgment following a jury trial in favor of A.D. and J.E. on their claim under 42 U.S.C. § 1983 that Markgraf violated their Fourteenth Amendment right to a familial relationship when he shot and killed their mother, Susan Eklund, at the end of a high-speed chase. The district court denied Markgraf's motions for summary judgment and judgment as a matter of law...

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