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ESTATE OF AGUIRRE v. COUNTY OF RIVERSIDE

No. 19-56462.

29 F.4th 624 (2022)

ESTATE OF Clemente Najera AGUIRRE; J.S.; A.S.; Y.S., Plaintiffs-Appellees, v. COUNTY OF RIVERSIDE; Dan Ponder, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2022.

Attorney(s) appearing for the Case

Tony M. Sain (argued), Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, California, for Defendants-Appellants.

Dale K. Galipo (argued) and Hang D. Le , Law Offices of Dale K. Galipo, Woodland Hills , California; Christian F. Pereira and Ian A. Cuthbertson , Pereira Law, Long Beach, California; for Plaintiffs-Appellees.

Before: M. Margaret McKeown and Ronald M. Gould, Circuit Judges, and Jane A. Restani, Judge.

OPINION

Police shootings, like all Fourth Amendment seizures, must be objectively reasonable—and when a suspect poses no immediate threat to an officer or others, killing the suspect violates his Fourth Amendment rights. Here, an officer shot Clemente Najera-Aguirre ("Najera") six times without warning and...

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