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HUNG LAM v. CITY OF SAN JOSE

No. 16-16052.

869 F.3d 1077 (2017)

HUNG LAM, individually, through his next friend, Kathy Lam, Plaintiff-Appellee, v. CITY OF SAN JOSE, a municipal corporation; Dondi West, individually and in her official position as a San Jose Police Officer; Larry Esquivel, in his capacity as Chief of Police for the City of San Jose, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2017.

Attorney(s) appearing for the Case

Clifford S. Greenberg (argued), Senior Deputy City Attorney; Nora Frimann , Assistant City Attorney; Richard Doyle , City Attorney; Office of the City Attorney, San Jose, California; for Defendants-Appellants.

Benjamin Nisenbaum (argued), Ayana Curry , and John L. Burris , Law Offices of John L. Burris, Oakland, California, for Plaintiff-Appellee.

Before: Mary M. Schroeder, D. Michael Fisher, and N. Randy Smith, Circuit Judges.

OPINION

This case arises from a shooting that occurred when San Jose Police Department Officer Dondi West responded to a 911 dispatch regarding two people arguing and one of them — Hung Lam — having a knife. Officer West arrived on the scene and attempted...

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