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SCOTT v. SMITH

No.23-15480.

109 F.4th 1215 (2024)

Rochelle SCOTT, individually, and as co-special administrator of the estate of Roy Anthony Scott; Fredrick Waid, as co-special administrator of the estate of Roy Anthony Scott, Plaintiffs-Appellees, v. Kyle SMITH; Theodore Huntsman; Las Vegas Metropolitan Police Department, Defendants-Appellants

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2024.

Attorney(s) appearing for the Case

Peter Goldstein (argued), Law Offices of Peter Goldstein, Las Vegas, Nevada, for Plaintiffs-Appellees.

Craig R. Anderson (argued), Marquis Aurbach Coffing, Las Vegas, Nevada, for Defendants-Appellants.

Before: Roopali H. Desai and Ana de Alba, Circuit Judges, and Philip S. Gutierrez, District Judge.

OPINION

Early in the morning on March 3, 2019, Roy Scott called the police for help. But he did not get it. Las Vegas Metropolitan Police Department Officers Kyle Smith and Theodore Huntsman came to the scene. Scott was unarmed and in mental distress. Though he complied with the officers' orders and was not suspected...

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