ANTHONY PEREZ; CECILIA PEREZ; TERRALEE PEREZ, individually and as successor in interest to Joseph Perez; JOSEPH PEREZ, Jr., individually and as successor in interest to Joseph Perez; MICHELLE PEREZ, individually and as successor in interest to Joseph Perez, Plaintiffs-Appellants,
v.
CITY OF FRESNO; COUNTY OF FRESNO; JAMES ROSSETTI; SEAN CALVERT; CHRIS MARTINEZ; BRAITHAN STOLTENBERG; ROBERT MCEWEN; KARLSON MANASAN; JIMMY ROBNETT; AMERICAN AMBULANCE; MORGAN ANDERSON, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 11, 2023 — San Francisco, California.
Filed April 15, 2024.
Attorney(s) appearing for the Case
Thomas C. Seabaugh (argued), The Law Office of Thomas C. Seabaugh, Los Angeles, California; John C. Taylor and Neil K. Gehlawat , Taylor & Ring LLP, Manhattan Beach, California; David M. Shapiro , Roderick and Solange MacArthur Justice Center, Northwestern Pritzker School of Law, Chicago, Illinois; Easha Anand , Roderick & Solange MacArthur Justice Center, San Francisco, California; for Plaintiffs-Appellants.
James D. Weakley (argued) and Brande L. Gustafson , Weakley & Arendt PC, Fresno, California; for Defendants-Appellees County of Fresno, Robert McEwen, Karlson Mansan, Jimmy Robnett, and Braithan Stoltenberg.
Justin R. Sarno (argued), DLA Piper US LLP, Los Angeles, California; Madeline A. Cordray , DLA Piper US LLP, Phoenix., Arizona; Richard J. Ryan , R.J. Ryan Law APC, Glendale, California; Aaron J. Weissman , Tyson & Mendes LLP, Los Angeles, California; for Defendants-Appellees American Ambulance and Morgan Anderson.
Opinion by Judge Forrest, Partial Concurrence and Partial Dissent by Judge S.R. Thomas
OPINION
FORREST, Circuit Judge.
In 2017, at the direction of a paramedic, law-enforcement officers used their body weight to hold down and restrain Joseph Perez while he was prone in order to strap him to a backboard so he could be transported to a hospital for mental-health treatment. Perez asphyxiated and died. Plaintiffs—Perez...
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