No. 22-16236.

83 F.4th 743 (2023)

Greg MOORE; Patricia Moore, Plaintiffs-Appellees, and Southwest Nonprofit Housing Corporation; JC Moore Grandchildren's Trust; ESMJ Partners, Plaintiffs, v. Sean GARNAND, Detective; Dain Salisbury, Sergeant, Defendants-Appellants, and Rebecca Lopez, Detective; Richard Radinsky, Sergeant; Kimberly Frie, Sergeant; Amy Garnand; Benjamin Frie; Holly Radinsky; City of Tucson, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2023.

Attorney(s) appearing for the Case

Dennis P. McLaughlin (argued) and Sarah E. Pace , Principal Assistant City Attorneys; Michael G. Rankin , City Attorney; City Attorney's Office, Tucson, Arizona; for Defendants-Appellants.

Lawrence J. Wulkan (argued) and Jennifer L. Allen , Zwillinger Wulkan PLC, Phoenix, Arizona; Michael G. Moore , Law Office of Michael Garth Moore, Tucson, Arizona; for Plaintiffs-Appellees.

Before: Sidney R. Thomas, Mark J. Bennett, and Holly A. Thomas, Circuit Judges.


Greg and Patricia Moore (collectively, "Plaintiffs"), husband and wife, filed this 42 U.S.C. § 1983 action against several officers of the Tucson Police Department. Officers Sean Garnand and Dain Salisbury (collectively, "Defendants") are the only remaining...

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