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TAN LAM v. CITY OF LOS BANOS

No. 18-17404.

976 F.3d 986 (2020)

TAN LAM, as Successor-In-Interest to decedent Sonny Lam (aka Son Tung Lam), Plaintiff-Appellee, v. CITY OF LOS BANOS, a Municipal Corporation, Defendant, and Jairo Acosta, Police Officer for the City of Los Banos, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2020.

Attorney(s) appearing for the Case

Suzanne M. Nicholson (argued), Sacramento, California; Kevin P. Allen , Allen Glaessner Hazelwood & Werth LLP, San Francisco, California; for Defendant-Appellant.

Adanté D. Pointer (argued), Ayana C. Curry , and John L. Burris , Law Offices of John L. Burris, Oakland, California, for Plaintiff-Appellee.

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

James R. Touchstone and Denise L. Rocawich , Jones & Mayer, Fullerton, California, for Amici Curiae California State Sheriffs' Association, California Police Chiefs Association, and California Peace Officers' Association.

Dissent by Judge Bennett.

OPINION

Sonny Lam died after he was shot twice inside his home by a City of Los Banos police officer. A jury specifically found that Sonny had stabbed the officer in the forearm with a pair of scissors prior to the first shot, that the officer had retreated after firing the first shot, and that Sonny did not approach...

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