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NEGRETE v. CITY OF OAKLAND

No. 20-16244.

46 F.4th 811 (2022)

Francisco NEGRETE; William Berger; Brandon Hraiz; Craig Tanaka; Josef Phillips, Plaintiffs-Appellants, v. CITY OF OAKLAND; Police Commission of the City of Oakland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2022.

Attorney(s) appearing for the Case

Zachery A. Lopes (argued), Harry S. Stern , and Timothy K. Talbot , Rains Lucia Stern St. Phalle & Silver, PC, San Francisco, California, for Appellants.

Gina M. Roccanova (argued) and Yuki Cruse , Jackson Lewis P.C., San Francisco, California; Barbara J. Parker , City Attorney; Ryan G. Richardson , City Attorney; Oakland City Attorney's Office, Oakland, California; for Appellees.

Dissent by Judge Rakoff

OPINION

In March 2018, five City of Oakland police officers were involved in the fatal shooting of a homeless man. The officers were fired for the incident, and they sought to overturn their termination in state court. The City then removed the case to federal district court, which granted judgment in favor of the...

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