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FOSTER v. CITY OF INDIO

No. 17-55167.

908 F.3d 1204 (2018)

Ernest FOSTER, Sr., as Personal Representative of Ernest Foster, Jr.; R. F., Minor, By and Through His Guardian Ad Litem Raymond Foster; A. F., Minor, By and Through Her Guardian Ad Litem Raymond Foster; Raymond Foster, Individually, and as Successors in Interest to Ernest Foster, Jr., Deceased, Plaintiffs-Appellees, v. CITY OF INDIO; Richard P. Twiss, Individually and in His Capacity as Indio Police Chief; Does, 1 Through 10, Inclusive, Defendants, and Jeremy Hellawell, Individually and in His Capacity as an Officer of the Indio Police Department, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2018.

Attorney(s) appearing for the Case

Konrad Muth Rasmussen (argued) and John P. McCormick , McCormick Mitchell & Rasmussen, San Diego, California, for Defendant-Appellant.

Justin Palmer (argued), Filer Palmer LLP, Long Beach, California; NaShaun Neal and Peter L. Carr IV , Sias Carr LLP, Los Angeles, California; for Plaintiffs-Appellees.

Dissent by Judge Ikuta

OPINION

Officer Jeremy Hellawell was dispatched to investigate a 911 call from a citizen who reported that a man matching Ernest Foster's description was walking toward a shopping plaza armed with a concealed handgun. As the incident unfolded, Hellawell approached Foster at the shopping...

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