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PECK v. MONTOYA

No. 20-56413, No. 21-55411.

51 F.4th 877 (2022)

Susan PECK, individually and as surviving heir and successor in interest of Paul Mono (deceased), Plaintiff-Appellee, and Courtney Mono; Whitney Mono, Plaintiffs, v. Anthony MONTOYA; Michael Johnson; Brad Carrington; Brent Lind; John Frey, Defendants-Appellants, and County of Orange; Sandra Hutchens, Sherriff; Aaron McFatridge, Defendants. Susan Peck, individually and as surviving heir and successor in interest of Paul Mono (deceased), Plaintiff-Appellee, and Courtney Mono; Whitney Mono, Plaintiffs, v. Brad Carrington; Brent Lind; John Frey, Defendants-Appellants, and County of Orange; Sandra Hutchens, Sherriff; Aaron McFatridge; Anthony Montoya; Michael Johnson, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2022.

Attorney(s) appearing for the Case

Jesse K. Cox (argued), Norman J. Watkins , S. Frank Harrell , and Marlena R. Mlynarska , Lynberg & Watkins, Orange, California; for Defendants-Appellants.

David C. Washington (argued), Barbara E. Hadsell , Dan Stormer , and Tanya Sukhija-Cohen , Hadsell Stormer Renick & Dai LLP, Pasadena, California; for Plaintiff-Appellee.

Concurrence by Judge Schroeder.

OPINION

This case arises from a fatal encounter between Paul Mono and members of the Orange County Sheriff's Department. Five deputies responded to a 911 call reporting that Mono was acting erratically and threatening someone with a firearm. The deputies assert that Mono ignored their warnings, picked up a gun, and...

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