ESTATE OF AMARO v. CITY OF OAKLAND

No. 10-16152.

653 F.3d 808 (2011)

The ESTATE OF Jerry A. AMARO III; Geraldine Montoya; Stephanie Montoya, Plaintiffs-Appellees, v. CITY OF OAKLAND; E. Karsseboom; R. Holmgren; S. Nowak; M. Battle; C. Bunn; M. Patterson; T. Pena; Edward Poulson; Richard Word, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2011.


Attorney(s) appearing for the Case

James B. Chanin , Julie M. Houk , Law Offices of James B. Chanin, Berkeley, California; John L. Burris , Law Offices of John L. Burris, Oakland, California, for the plaintiffs-appellees.

John A. Russo , Randolph W. Hall , Christopher Kee , City Attorney's Office, Oakland, California; Aimee Hamoy-Perera , John Verber , Burnham Brown , Oakland, California, for the defendants-appellants.

Before: MARY M. SCHROEDER and CARLOS T. BEA, Circuit Judges, and JANIS L. SAMMARTINO, District Judge.


OPINION

BEA, Circuit Judge:

This interlocutory appeal requires us to resolve only the following question certified by the district court: whether the doctrine of equitable estoppel should apply where a plaintiff believes she has a 42 U.S.C. § 1983 claim but is dissuaded from bringing the claim by affirmative misrepresentations and stonewalling by the police. We hold that the equitable doctrine does apply in such a context and affirm the district...

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