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MAXWELL v. COUNTY OF SAN DIEGO

Nos. 10-56671, 10-56706.

697 F.3d 941 (2012)

Jim MAXWELL, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Kay Maxwell, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Jim Maxwell, as executor of the Estate of Kristen Marie Maxwell-Bruce, Plaintiffs-Appellants, v. COUNTY OF SAN DIEGO; Alpine Fire Protection District; Viejas Fire Department; Lowell Bryan "Sam" Bruce, Deputy; Bradley Avi; Jeremy Felber; Gregory Reynolds; Anthony Salazar; M. Knobbe; Jeffrey Jackson; Warren Voth; Gary Kneeshaw; William Reilly; L. Rodriguez; Brian Boggeln; Colby Ross; Chip Howell; Michael Mead; Does, Defendants-Appellees. Jim Maxwell, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Kay Maxwell, individually and as guardian of Trevor Allen Bruce and Kelton Tanner Bruce; Jim Maxwell, as executor of the Estate of Kristen Marie Maxwell-Bruce, Plaintiffs-Appellees, v. County Of San Diego; Alpine Fire Protection District; Viejas Fire Department; Lowell Bryan "Sam" Bruce, Deputy; Bradley Avi; Jeremy Felber; Brian Boggeln; Colby Ross; Chip Howell; Michael Mead; Does, Defendants, and Gregory Reynolds; Anthony Salazar; M. Knobbe; Jeffrey Jackson; Warren Voth; Gary Kneeshaw; William Reilly; L. Rodriguez, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2012.

Attorney(s) appearing for the Case

Daniel M. Benjamin , Ballard Spahr LLP, San Diego, CA, and Todd Thibodo , Law Offices of Todd Thibodo, Encino, CA, for plaintiffs-appellees/plaintiffs-appellants Jim Maxwell and Kay Maxwell.

Morris G. Hill , Senior Deputy, San Diego County Counsel, San Diego, CA, for defendants-appellants Gregory Reynolds, Anthony Salazar, Michael Knobbe, Jeffrey Jackson, Warren Voth, Gary Kneeshaw, William Reilly, and Leonard Rodriguez.

Phillip C. Samouris , John M. Morris , and Victoria E. Fuller , Higgs, Fletcher & Mack LLP, San Diego, CA, for defendants-appellees Viejas Fire Department, Bradley Avi, and Jeremy Felber.

Opinion by Judge FARRIS, Dissent by Judge IKUTA.

OPINION

FARRIS, Circuit Judge:

These consolidated appeals concern the aftermath of the shooting of Kristin Marie Maxwell-Bruce by her husband, Lowell Bruce.

I

Around 10:50 PM on December 14, 2006, Lowell, a San Diego County Sheriff's Department deputy, shot Kristin in the jaw in the couple's bedroom.1 At the time, Lowell and Kristin lived in the home of Kristin...

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