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ESTATE OF DIAZ v. CITY OF ANAHEIM

No. 14-55644.

834 F.3d 1048 (2016)

ESTATE OF Manuel DIAZ; Genevieve Huizar, an individual, Plaintiffs-Appellants, v. CITY OF ANAHEIM, a California municipal entity; Nick Bennallack, Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2016.

Attorney(s) appearing for the Case

Dale K. Galipo (argued) and Melanie T. Partow , Law Offices of Dale K. Galipo, Woodland Hills, California; Angel Carrazco, Jr. , Carrazco Law, A.P.C., Tustin, California; Paul L. Hoffman , Schonbrun Desimone Seplow Harris & Hoffman, LLP, Venice, California; Humberto Guizar , Humberto Guizar Law Offices, Montebello, California; for Plaintiffs-Appellants.

Moses W. Johnson, IV (argued), Assistant City Attorney, Anaheim, California; Steven J. Rothans and Jill Williams , Carpenter, Rothans & Dumont, Los Angeles, California; for Defendants-Appellants.

Before: Marsha S. Berzon and John B. Owens, Circuit Judges, and Algenon L. Marbley, District Judge.

OPINION

Anaheim Police Officer Nicholas Bennallack shot and killed Manuel Diaz during a mid-day encounter in July 2012. Diaz's estate and mother ("Plaintiffs") sued Officer Bennallack and the City of Anaheim ("Defendants") for federal civil rights violations and proceeded to a jury trial, but lost. Plaintiffs argue...

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