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S.R. NEHAD v. BROWDER

No. 18-55035.

929 F.3d 1125 (2019)

S.R. NEHAD; K.R. Nehad; Estate of Fridoon Rawshan Nehad, Plaintiffs-Appellants, v. Neal N. BROWDER; City of San Diego; Shelley Zimmerman, in her personal and official capacity as Chief of Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2019.

Attorney(s) appearing for the Case

Daniel S. Miller (argued), Sean G. McKissick , J. Mira Hashmall , and Louis R. Miller , Miller Barondess LLP, Los Angeles, California, for Plaintiffs-Appellants.

George Frederick Schaefer (argued), Assistant City Attorney; Kathy J. Steinman , Deputy City Attorney; Mara W. Elliott , City Attorney; Office of the City Attorney, San Diego, California; for Defendants-Appellees.

Scott J. Street , Baute Crochetiere & Hartley LLP, Los Angeles, California; Brian Hardingham , Public Justice P.C., Oakland, California; Adrienna Wong and Peter Bibring , ACLU Foundation of Southern California, Los Angeles, California; for Amici Curiae American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, American Civil Liberties Union of San Diego & Imperial Counties, and Public Justice.

Lee H. Roistacher , Daley & Heft LLP, Solana Beach, California, for Amici Curiae California State Association of Counties, League of California Cities, and International Municipal Lawyers Association.

Before: Sidney R. Thomas, Chief Judge, Michael Daly Hawkins, Circuit Judge, and Dean D. Pregerson, District Judge.

OPINION

OPINION

On April 30, 2015, Officer Neal Browder of the San Diego Police Department responded to a 911 call about a man making threats with a knife. Browder arrived at the scene, where he encountered Fridoon Nehad walking at a steady pace in Browder's direction. The subsequent series of events...

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