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RUSSELL v. LUMITAP

No. 18-55831.

31 F.4th 729 (2022)

Patrick RUSSELL, individually, and as Personal Representative of the Estate of Patrick John Russell; Lynne Russell, individually, and as Personal Representative of the Estate of Patrick John Russell, Plaintiffs-Appellees, v. Jocelyn LUMITAP, individually; Patti Trout, individually; Maria Teofilo, individually; Thomas Le, individually, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 19, 2020.

Resubmitted April 6, 2022 Pasadena, California.

Filed April 13, 2022.

Attorney(s) appearing for the Case

S. Frank Harrell (argued), Lynberg & Watkins APC, Orange, California, for Defendants-Appellants.

Dale K. Galipo (argued) and Marcel F. Sincich , Law Offices of Dale K. Galipo, Woodland Hills, California; Cameron Sehat , The Sehat Law Firm PLC, Irvine, California; for Plaintiffs-Appellees.

Before: Andrew J. Kleinfeld, Consuelo M. Callahan, and Ryan D. Nelson, Circuit Judges.

OPINION

I. Factual Background

On January 8, 2016, Patrick John Russell was arrested for a probation violation and booked at the Orange County Jail.1 During an initial medical screening, he indicated that he did not have any of the listed chronic conditions or any other medical...

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