MAHONEY v. SESSIONS

No. 14-35970.

871 F.3d 873 (2017)

Robert MAHONEY, Officer; Sjon C. Stevens, Officer; Cliff Borjeson, Officer; Christopher Myers, Officer; Bridget Hillan, Officer; Lance Basney, Officer; Salvatore Ditusa, Officer; Clarke D. Chase, Officer; Joseph Stankovich, Officer; Weldon C. Boyland, Officer; John L. Farrar, Officer; Dale W. Umpleby, Officer; Richard A. McAuliffe, Officer; George Baseley, Officer; David M. Harrington, Officer; Henry Feldman, Officer; Terry Whalen, Officer; Gilles Montaron, Officer; Robert Stevenson, Officer #5859; Joshua Goodwin, Officer; Ryan Kannard, Officer; Nathan Lemberg, Officer; Jeff Mitchell, Officer; Robert B. Brown, Officer; Ernest T. Hall, Officer; Robert Burk, Officer; Robert Beatty, Officer; Tomas Trykar, Officer; Brien Escalante, Officer; Karen G. Pio, Officer; Michael Gonzalez, Officer; Steve Kim, Officer; Ennis Roberson, Officer; Leroy Outlaw, Officer; Kieran Barton, Officer; Jonathan Reese, Officer; Eugene Schubeck, Officer #6696; Sean Hamlin, Officer; Shannon Waldorf, Officer; Jeffrey Swenson, Officer; Tabitha Sexton, Officer #7430; Michael Spaulding, Officer #7491; Steven Stone, Officer #7540; Liliya A. Nesteruk, Officer; Todd M. Nelson, Officer; Timothy Jones, Officer; Timothy J. Wear, Officer; Theresa Emerick, Officer #5002; Ariel Vela, Sergeant; Michael A. Larned, Officer #6955; Derek B. Norton, Officer; Jason Dewey, Officer; David White, Officer; Trent Schroeder, Officer; Audi A. Acuesta; Steve Clark, Officer; Steven L. Berg, Officer; Erik Johnson, Officer; Vernon Kelley, Officer; Shelly San Miguel, Officer; Christopher J. Anderson, Officer; Suzanne M. Parton, Officer; Eric F. Whitehead, Officer; Alan Richards, Officer; Ron Willis, Officer; A. Sheheen, Officer; Randall Higa, Officer; Tim Owens, Officer; Tyler Getts, Officer #7537; Adam Elias, Officer; Jon Emerick, Officer #4326; Louis Chan, Officer; Paul Pendergrass, Sergeant; AJ Marks, Officer; Ron Martin, Sergeant; Rusty L. Leslie, Officer; TJ San Miguel, Officer; Jeffrey C. Page, Officer; Ryan Ellis, Officer; Jack Bailey, Officer; Alfred Ri Warner, Officer #6162; Michael R. Washington, Officer; Nina M. Jones, Officer #7567; Anthony Jones Reynolds, Officer; Richard Heintz, Officer; Curtis Gerry, Officer; Adolph Torrescano, Officer; Curt E. Wilson, Officer; James G. Thomsen, Officer; Richard W. Pruitt, Officer #5346; Donald L. Waters, Detective #6287; Anthony J. Reynolds, Officer; Jonard A. Legaspi, Officer #6231, Plaintiffs-Appellants, v. Jefferson B. SESSIONS III, Attorney General, Defendant, and City of Seattle, including the Seattle Police Department, the Seattle Police Monitor Team, and the Seattle Attorney's Office; Ed Murray, individually and in his official capacity, Mayor, City of Seattle; Peter Holmes, individually and in his official capacity, Seattle's City Attorney; Merrick Bobb, individually and in his official capacity, Seattle Police Monitor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2017.


Attorney(s) appearing for the Case

Athan E. Tramountanas (argued), Short Cressman & Burgess PLLC, Seattle, Washington; Lisa Ann Battalia , Law Office of Lisa Ann Battalia, Bethesda, Maryland; for Plaintiffs-Appellants.

Gregory Colin Narver (argued), Assistant City Attorney; Peter S. Holmes , City Attorney; City Attorney's Office, Seattle, Washington; for Defendants-Appellees.

Before: Carlos T. Bea and N. Randy Smith, Circuit Judges, and William Q. Hayes, District Judge.


OPINION

We must decide whether the use of force policy adopted by the City of Seattle violates the Second Amendment right of police officers to use firearms for the core lawful purpose of self-defense. We conclude that the policy survives intermediate scrutiny and is, therefore, constitutional. We affirm the judgment...

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