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GEORGE v. MORRIS

Nos. 11-55956, 11-56020.

724 F.3d 1191 (2013)

Carol Ann GEORGE, Plaintiff-Appellee, v. Deputy Jarrett MORRIS; Deputy Joseph Schmidt; Deputy Jeremy Rogers, Defendants-Appellants. The County of Santa Barbara; Deputy Harry Hudley; Deputy Larry Hess, Defendants. Carol Ann George, Plaintiff-Appellant, v. Jarrett Morris; Joseph Schmidt; Jeremy Rogers, Defendants-Appellees, and The County of Santa Barbara; Harry Hudley; Larry Hess, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2013.

Attorney(s) appearing for the Case

Michael Maury Youngdahl , County of Santa Barbara, CA, argued the cause for the defendants-appellants/cross-appellees. Kelly Duncan Scott , Deputy County Counsel, filed the briefs. With her on the briefs was Dennis A. Marshall , County Counsel.

Stephen K. Dunkle , Sanger Swysen & Dunkle, Santa Barbara, CA, argued the cause and filed the briefs for the plaintiff-appellee/cross-appellant. With him on the briefs were Robert M. Sanger and Catherine J. Swysen , Sanger Swysen & Dunkle, Santa Barbara, CA.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge TROTT.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a reasonable jury could determine that three sheriff's deputies violated the Constitution when they fatally shot an armed homeowner on his patio.

I

A

At half past five, on the morning of March 6, 2009, Carol George awoke. Her husband Donald needed food.1 Donald had a terminal case of brain cancer and, as a result of his chemotherapy, ate frequently...

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