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ESTATE OF LOPEZ BY AND THROUGH LOPEZ v. GELHAUS

No. 16-15175.

871 F.3d 998 (2017)

ESTATE OF Andy LOPEZ, BY AND THROUGH successors in interest, Rodrigo LOPEZ and Sujay Cruz; Rodrigo Lopez; Sujay Cruz, Plaintiffs-Appellees, v. Erick GELHAUS; County of Sonoma, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2017.

Attorney(s) appearing for the Case

Noah G. Blechman (argued) and James V. Fitzgerald III , McNamara Ney Beatty Slattery Borges & Ambacher LLP, Walnut Creek, California; Jesse F. Ruiz , Robinson & Wood Inc., San Jose, California; for Defendants-Appellants.

Gerald P. Peters (argued), Law Office of Gerald Philip Peters, Thousand Oaks, California, for Plaintiffs-Appellees.

Dissent by Judge Wallace

OPINION

Sonoma County and Sheriff's Deputy Erick Gelhaus appeal from an order denying their motion for summary judgment on the defense of qualified immunity in an action alleging that Gelhaus deployed excessive force when he fatally shot thirteen-year-old Andy Lopez in October 2013. We have jurisdiction pursuant...

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