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ESTATE OF ANDERSON v. MARSH

No. 19-15068.

985 F.3d 726 (2021)

ESTATE OF Wayne Steven ANDERSON, Plaintiff-Appellee, v. John MARSH, California Highway Patrol Officer, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2021.

Attorney(s) appearing for the Case

Kymberly E. Speer (argued) and Wilfred Fong , Deputy Attorneys General; Jeffrey R. Vincent , Supervising Deputy Attorney General; Danielle F. O'Bannon , Senior Assistant Attorney General; Xavier Becerra , Attorney General of California; Office of the Attorney General, Oakland, California; for Defendant-Appellant.

Adam Carlson (argued), Casper, Meadows, Schwartz & Cook, Walnut Creek, California; Karen L. Snell , San Francisco, California; for Plaintiff-Appellee.

Dissent by Judge W. Fletcher.

OPINION

The Estate of Wayne Steven Anderson brought this action under 42 U.S.C. § 1983 alleging that California Highway Patrol Officer John Marsh used excessive force against Anderson in violation of the Fourth Amendment. Marsh moved for summary judgment based on qualified immunity. The district court denied...

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