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MARTINEZ v. CITY OF CLOVIS

No. 17-17492.

943 F.3d 1260 (2019)

Desiree MARTINEZ, Plaintiff-Appellant, v. CITY OF CLOVIS; Sanger City; Channon High; Kyle Pennington; Kim Pennington; Connie Pennington; Kristina Hershberger; Jesus Santillan; Angela Yambupah; Ralph Salazar; Fred Sanders, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2019.

Attorney(s) appearing for the Case

Kevin G. Little (argued), Law Office of Kevin G. Little, Fresno, California, for Plaintiff-Appellant.

Diana L. Field (argued), Ferguson, Praet & Sherman, Santa Ana, California, for Defendants-Appellees Kristina Hershberger, Angela Yambupah, Fred Sanders, and Channon High.

John W. Phillips (argued), Patrick J. Gorman , and Kristina D. Garabedian , Wild, Carter & Tipton, Fresno, California, for Defendants-Appellees Kim Pennington and Connie Pennington.

No appearance for Defendants-Appellees City of Clovis, Sanger City, Kyle Pennington, Jesus Santillan, and Ralph Salazar.

Before: J. Clifford Wallace and Michelle T. Friedland, Circuit Judges, and Robert S. Lasnik, District Judge.

OPINION

Desiree Martinez is a victim of domestic violence. The issue before us is whether she can recover damages under 42 U.S.C. § 1983 from the law enforcement officers who allegedly placed her at greater risk of future abuse. In addition to suing her abuser, Kyle Pennington (a City of Clovis

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