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DEOCAMPO v. POTTS

No. 14-16192.

836 F.3d 1134 (2016)

Jason Eugene DEOCAMPO; Jesus Sebastian Grant; Jaquezs Tyree Berry, Plaintiffs-Appellees, v. Jason POTTS, individually, and in his capacity as a Vallejo Police Officer; Eric Jensen, individually, and in his capacity as a Vallejo Police Officer, Defendants-Appellants, and Jeremy Patzer, individually, and in his capacity as a Vallejo Police Officer, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2016.

Attorney(s) appearing for the Case

Austin Byrne Conley (argued), Gibbons and Conley, Walnut Creek, California; Noah G. Blechman and James V. Fitzgerald, III , McNamara, Dodge, Ney, Beatty, Slattery, Pfalzer, Borges & Brothers LLP, Walnut Creek, California; Claudia M. Quintana , Deputy City Attorney, City of Vallejo, Vallejo, California; for Defendants-Appellants.

Ayana Cuevas Curry (argued) and John L. Burris , Law Offices of John L. Burris, Oakland, California, for Plaintiffs-Appellees.

Krista MacNevin Jee , James R. Touchstone , and Martin J. Mayer , Law Offices of Jones & Mayer, Fullerton, California, for Amici Curiae California State Sheriffs' Association, California State Police Chiefs' Association, and California Peace Officers' Association.

Before: John T. Noonan, Kim McLane Wardlaw, and Richard A. Paez, Circuit Judges.

OPINION

Does a municipality's bankruptcy plan of adjustment automatically discharge a judgment against individual officers for excessive force by operation of a California statute generally requiring public entities to defend and indemnify their employees for actions within the scope of their employment?

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