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CRUZ v. CITY OF ANAHEIM

No. 12-55481.

765 F.3d 1076 (2014)

Jennifer CRUZ, Individually and on behalf of the estate of Ceasar Cruz, and as guardian ad litem for R.C., C.C., C.C., and M.C., all minors; Theresa Smith, Individually, and as guardian ad litem for M.C., a minor; Leonard Cruz, Individually, Plaintiffs-Appellants, v. The CITY OF ANAHEIM, a Governmental Entity; Chief John Welter; Deputy Chief Craig Hunter; Officer Michael Brown, Individually; Officer Bruce Linn, Individually; Officer Kelly Phillips, Individually; Officer Nathan Stauber, Individually; Officer Phillip Vargas, Individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2014.

Attorney(s) appearing for the Case

Richard P. Herman (argued) of Newport Beach, CA, for Plaintiffs-Appellants.

Michael R.W. Houston and Gregg M. Audet (argued) of the City Attorney's Office of Anaheim, CA, for Defendants-Appellees.

Before: ALEX KOZINSKI, Chief Judge, RICHARD R. CLIFTON, Circuit Judge, and JED S. RAKOFF, Senior District Judge.

OPINION

KOZINSKI, Chief Judge:

Nobody likes a game of "he said, she said," but far worse is the game of "we said, he's dead." Sadly, this is too often what we face in police shooting cases like this one.

I.

In early December 2009, a confidential informant told Anaheim police officer Nathan Stauber that Ceasar Cruz was a gang member who sold methamphetamine and carried a gun. Following this lead, Stauber determined that Cruz was a discharged...

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