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LAL v. CALIFORNIA

No. 12-15266.

746 F.3d 1112 (2014)

Shelly LAL, individually and in her representative capacity on behalf of the Estate of Kamal L. Lal, decedent, and in her representative capacity as guardian ad litem for Sagar Lal; Estate of Kamal L. Lal; Sagar Lal, a minor, Plaintiffs-Appellants, v. State of CALIFORNIA; California Highway Patrol; Frank Newman, C.H.P. Officer; Matthew Otterby, C.H.P. Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2014.

Attorney(s) appearing for the Case

Charles Stephen Ralston (argued), Mi Wuk Village, CA, and A. Catherine LaGarde , Kentfield, CA, for Plaintiffs-Appellants.

Kamala D. Harris , Attorney General of California, Jon Wolff , Steven M. Gevercer , and John P. Devine (argued), San Francisco, CA, for Defendants-Appellees.

Before: CONSUELO M. CALLAHAN and MILAN D. SMITH, JR., Circuit Judges, and ALVIN K. HELLERSTEIN, Senior District Judge.

OPINION

CALLAHAN, Circuit Judge:

This case arises out of a tragic incident. Kamal Lal ("Lal"), upset over a domestic disturbance with his wife, led police on a 45-minute high-speed chase on and off freeways before the officers were able to disable his vehicle. When Lal exited his truck he first tried to seriously hurt himself, then tried to provoke the officers into shooting him, and finally advanced on two officers holding a large rock over his head. When...

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