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VOS v. CITY OF NEWPORT BEACH

No. 16-56791.

892 F.3d 1024 (2018)

Richard VOS, individually and as successor-in-interest to Gerritt Vos, and Jenelle Bernacchi, individual, and as successor-in-interest to Gerritt Vos, Plaintiffs-Appellants, v. CITY OF NEWPORT BEACH, a governmental entity; Richard Henry; Nathan Farris; Dave Kresge; Does, 1-10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2018.

Attorney(s) appearing for the Case

Paul L. Hoffman (argued), Schonbrun Seplow Harris & Hoffman LLP, Los Angeles, California; Milton Grimes , Los Angeles, California; Jason P. Fowler and R. Rex Parris , R. Rex Parris Law Firm, Lancaster, California; for Plaintiffs-Appellants.

Daniel Phillip Barer (argued), Pollak Vida & Barer, Los Angeles, California; Allen Christiansen and Peter J. Ferguson , Ferguson Praet & Sherman APC, Santa Ana, California; for Defendants-Appellees.

Dissent by Judge Bea.

OPINION

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos ("Vos"). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and...

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