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GONZALEZ v. CITY OF ANAHEIM

No. 11-56360.

715 F.3d 766 (2013)

Rafael GONZALEZ, individually and as successor in interest to Adolph Anthony Sanchez Gonzalez, Plaintiff, and F.E.V., a minor, individually and as successor in interest to Adolph Anthony Sanchez Gonzalez, by and through her Guardian Ad Litem David Vasquez; Antoinette Sanchez, individually and as successor in interest to Adolph Anthony Sanchez Gonzalez, Plaintiffs-Appellants, v. CITY OF ANAHEIM; Daron Wyatt; Matthew Ellis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 13, 2013.

Attorney(s) appearing for the Case

Melanie T. Partow , Law Offices of Dale K. Galipo, Woodland Hills, CA, argued the cause and filed a brief for the Plaintiffs-Appellants. With her on the brief was Dale K. Galipo , Law Offices of Dale K. Galipo, Woodland Hills, CA.

Moses W. Johnson IV , Assistant City Attorney, Anaheim, CA, argued the cause and filed a brief for the Defendants-Appellees. With him on the brief was Cristina L. Talley , City Attorney, Anaheim, CA.

Before: DIARMUID F. O'SCANNLAIN, STEPHEN S. TROTT, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs.

I

A

On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, were responding to a routine call to check on a transient. While turning left at an intersection they were

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