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VILLANUEVA v. CALIFORNIA

No. 19-55225.

986 F.3d 1158 (2021)

Armando VILLANUEVA, individually and as Successor In Interest to Pedro Villanueva, deceased; Hortencia Sainz, individually and as Successor In Interest to Pedro Villanueva, deceased; Francisco Orozco, individually, Plaintiffs-Appellees, v. State of CALIFORNIA, Defendant, and John Cleveland; Richard Henderson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2021.

Attorney(s) appearing for the Case

Donna M. Dean , Deputy Attorney General; Catherine Woodbridge and Joel A. Davis , Supervising Deputy Attorneys General; Danielle F. O'Bannon , Senior Assistant Attorney General; Xavier Becerra , Attorney General of California; Office of the California Attorney General, Los Angeles, California; for Defendants-Appellants.

Paul R. Kiesel and Bryan Garcia , Kiesel Law, LLP, Beverly Hills, California, for Plaintiffs-Appellees Armando Villanueva and Hortencia Sainz.

Dale K. Galipo and Renee V. Masongsong , Law Offices of Dale K. Galipo, Woodland Hills, California, for Plaintiff-Appellee Francisco Orozco.

Before: David M. Ebel, Kim McLane Wardlaw, and John B. Owens, Circuit Judges.

OPINION

Two police officers appeal the denial of qualified immunity in this § 1983 action alleging excessive force in violation of the Fourth Amendment. We must decide whether these officers' use of deadly force against a slow-moving vehicle following a high-speed chase violated the victims' clearly established...

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