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GONZALEZ v. CITY OF ANAHEIM

No. 11-56360.

747 F.3d 789 (2014)

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, and Matthew Ellis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2014.

Attorney(s) appearing for the Case

Paul L. Hoffman (argued), Schonbrun, DeSimone, Seplow, Harris & Hoffman, Venice, CA; Dale K. Galipo and Melanie T. Partow , Woodland Hills, CA, for Plaintiffs-Appellants.

Moses W. Johnson (argued) and Cristina L. Talley , Anaheim, CA, for Defendants-Appellees.

Before: ALEX KOZINSKI, Chief Judge, and STEPHEN S. TROTT, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET McKEOWN, RONALD M. GOULD, MARSHA S. BERZON, RICHARD C. TALLMAN, RICHARD R. CLIFTON, CARLOS T. BEA, and MORGAN CHRISTEN, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Adolph Anthony Sanchez Gonzalez was shot and killed during an encounter with two Anaheim police officers. His successors brought an action seeking damages under 42 U.S.C. § 1983. The district court entered summary judgment in favor of defendants.

Because Gonzalez is dead, the police officers are the only witnesses able to testify as to the events that led to Gonzalez's death. In such a circumstance, we must carefully...

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