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SIALOI v. CITY OF SAN DIEGO

No. 14-55387.

823 F.3d 1223 (2016)

Edward SIALOI; Kelli Sialoi; Foleni Sialoi; Gayle Pasi; Lago Sialoi; Liua Sialoi; Hardy Teo Falealili; Tapili Sofa; G.S., a minor, by his father and guardian ad litem, Foleni Sialoi; T.O.S., a minor, by their father and guardian ad litem, Lago Sialoi; T.A.S., a minor, by their father and guardian ad litem, Lago Sialoi; T.R.S., a minor, by their father and guardian ad litem, Lago Sialoi; B.F., a minor, by his father and guardian ad litem, Hardy Teo Falealili; Estate of September Sialoi, by her husband and successor in interest, Sialoi Sialoi, Jr., Plaintiffs-Appellees, v. CITY OF SAN DIEGO; Allen Sluss; Bradley Phelps; Joseph Krawczyk; David Rohowits; Anthony Reese; Michael Hall; Edward Kaszycki; Corey Stasch; Miguel Garcia; Michael Hayes; Wade Irwin; Scott Smith; Kelvin Lujan; John Carroll; Wayne Doeden; Tammy Clendenen; Tyler Bigbie; Richard Slade; David Hwang; Jonathan Bambad; Signorino, Officer; Tenenbaum, Officer; Does, 1-30, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2016.

Attorney(s) appearing for the Case

John E. Riley (argued), Deputy City Attorney, Jan I. Goldsmith , City Attorney, Office of the San Diego City Attorney, San Diego, California, for Defendants-Appellants.

Michael R. Marrinan (argued), Law Offices of Michael R. Marrinan, San Diego, California, for Plaintiffs-Appellees.

Before: Stephen Reinhardt, Richard A. Paez, and Milan D. Smith, Jr., Circuit Judges.

OPINION

In October of 2010, officers with the San Diego Police Department responded to a report that two armed black males had been seen in the parking lot of an apartment complex. When they arrived, the officers, armed with assault rifles and eventually numbering over...

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