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BEETS v. COUNTY OF LOS ANGELES

No. 10-55036.

669 F.3d 1038 (2012)

Kristy BEETS; Glenn Allen Rose, as successors in interest to Glenn Patrick Rose and as individuals, Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES, a political subdivision of the State of California; Steven Winter, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2012.

Attorney(s) appearing for the Case

Dale K. Galipo of Woodland Hills, CA, for the plaintiffs-appellants.

David D. Lawrence and Jin S. Choi , Lawrence, Beach, Allen & Choi, PC, of Glendale, CA, for the defendants-appellees.

Before: FERDINAND F. FERNANDEZ and CONSUELO M. CALLAHAN, Circuit Judges, and RALPH R. ERICKSON, Chief District Judge.

OPINION

CALLAHAN, Circuit Judge:

Kristy Beets and Glenn Allen Rose ("plaintiffs"), the parents of Glenn Patrick Rose (sometimes referred to as "GPR") filed an action pursuant to 42 U.S.C. § 1983 alleging that Deputy Winter used excessive force when he shot and killed GPR. The district court dismissed the action on the basis that pursuant to Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994)...

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