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MILLER v. CITY OF LOS ANGELES

No. 10-55235.

661 F.3d 1024 (2011)

Georgia MILLER, individually; Denise Bailey, as Guardian ad Litem for P.A.M.; P.A.M., Jr., a minor, and as his authorized representative as successor in interest to Philip Arthur Miller, deceased, Plaintiffs-Appellees, v. CITY OF LOS ANGELES, Defendant-Appellant, and Los Angeles Police Department; William Bratton, Chief of Police; Cesar Mata, Sgt., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2011.

Attorney(s) appearing for the Case

Amy Field (argued), Deputy City Attorney, Los Angeles, CA, for appellant City of Los Angeles.

John Burton (argued), Law Offices of John Burton, Pasadena, CA, for appellee Georgia Miller, et al.

Elbie Hickambottom, Jr. , Gronemeier & Associates, P.C., Eagle Rock, CA, for appellee Georgia Miller, et al.

Opinion by Chief Judge KOZINSKI; Dissent by Judge IKUTA.

OPINION

KOZINSKI, Chief Judge:

This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter. There are unlikely to be many more like it, so this opinion's precedential value is probably limited. We nevertheless publish pursuant to General Order 4.3. While we're at it, we offer some advice to lawyers: Don't apologize unless you're sure you...

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