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ORN v. CITY OF TACOMA

No. 18-35379.

949 F.3d 1167 (2020)

Than ORN, individually; Thalisa Orn, individually; Clarisse Orn, Guardian on behalf of J. O. and C. O., Plaintiffs-Appellees, v. CITY OF TACOMA, a municipal corporation; Kristopher Clark, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2020.

Attorney(s) appearing for the Case

Jean P. Homan (argued), Tacoma City's Attorney's Office, Tacoma, Washington, for Defendants-Appellants.

Loren A. Cochran (argued) and Darrell L. Cochran , Pfau Cochran Amala Vertetis PLLC, Tacoma, Washington; Thomas A. Balerud , Law Office of Thomas A. Balerud, Tacoma, Washington; for Plaintiffs-Appellees.

Before: Danny J. Boggs, Marsha S. Berzon, and Paul J. Watford, Circuit Judges.

OPINION

Officer Kristopher Clark of the Tacoma Police Department shot and severely wounded Than Orn on the night of October 12, 2011. Orn sued Clark and the City of Tacoma under 42 U.S.C. § 1983, alleging a violation of his Fourth Amendment right to be free from the use of excessive force. Clark moved for summary...

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