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HART v. CITY OF REDWOOD CITY

No. 22-17008.

KRISTIN HART, individually and as co-successor in-interest to Decedent-KYLE HART; E.H., individually and as co-successor-in-interest to Decedent HART; W.H., individually and as co-successor-in-interest to Decedent KYLE HART, Plaintiffs-Appellees, v. CITY OF REDWOOD CITY, a municipal corporation; DANIEL MULHOLLAND, individually and in his capacity as Chief of Police for the CITY OF REDWOOD CITY; ROMAN GOMEZ, individually and in his official capacity as a Police Officer for the CITY OF REDWOOD CITY; LEILA VELEZ, individually and in her official capacity as a Police Officer for the CITY OF REDWOOD CITY, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2024.

Attorney(s) appearing for the Case

Benjamin Nisenbaum (argued), John L. Burris , and Ayana C. Curry , Burris Nisenbaum Curry & Lacy LLP, Oakland, California, for Plaintiffs-Appellees.

Kevin E. Gilbert (argued) and Carolyn M. Aguilar , Orbach Huff & Henderson LLP, Pleasanton, California; Mark G. Bonino and Donald L. Hall, III , Hayes Scott Bonino Ellingson Guslani Simonson & Clause LLP, San Carlos, California; Stephen P. Ellingson , Hayes Scott Bonino Ellingson & McLay LLP, Redwood City, California; for Defendants-Appellants.

Opinion by Judge VanDyke.

OPINION

Officers Gomez and Velez responded to a tragic call involving a man attempting suicide with a knife in his backyard. When they arrived, they found the man's wife covered in blood and frantically pleading for help. At her urging, the officers went to the backyard, where they found Hart holding a knife. They...

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