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SMITH v. AGDEPPA

No. 20-56254.

81 F.4th 994 (2023)

Paulette SMITH, individually and as Successor in Interest to Albert Dorsey, deceased, Plaintiff-Appellee, v. Edward AGDEPPA, an individual, Defendant-Appellant, and City of Los Angeles, a municipal entity; Does, 1 through 10, Defendants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 11, 2023.

Resubmitted May 4, 2023 San Francisco, California.

Filed August 30, 2023.

Attorney(s) appearing for the Case

Kevin E. Gilbert (argued) and Carolyn M. Aguilar , Orbach Huff Suarez & Henderson, Pleasanton, California; Susan E. Coleman , Keiko J. Kojima , and Lisa W. Lee , Burke Williams & Sorensen LLP, Los Angeles, California; for Defendants-Appellant.

Edward M. Lyman III (argued), Family Legal APLC, Playa Del Rey, California; Brian T. Dunn and James Bryant , The Cochran Firm — California, Los Angeles, California; Megan R. Gyongyos , Carpenter Zuckerman & Rowley LLP, Beverly Hills, California; for Plaintiff-Appellee.

Dissent by Judge Christen

OPINION

Two police officers were dispatched to a gym after a man reportedly threatened gym patrons and assaulted a security guard. The suspect then violently attacked the officers and refused to stop after they repeatedly deployed their tasers. One officer eventually resorted...

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