A. D., et al v. State of California Highway Pa, et al, No. 09-16460 (9th Cir. 2011)
Annotate this CaseDefendant, a highway patrol officer, appealed an order granting plaintiffs' motion for summary judgment where plaintiffs claimed under 42 U.S.C. 1983 that defendant violated their Fourteenth Amendment right to a familial relationship when he shot and killed their mother. At issue was whether the district court erred in denying defendant's motion for summary judgment and judgment as a matter of law on the ground of qualified immunity. The court held that defendant was entitled to qualified immunity where defendant made a split-second decision in dealing with someone who had just led police on a dangerous high speed chase and who was using her car as a weapon.
The court issued a subsequent related opinion or order on April 11, 2012.
The court issued a subsequent related opinion or order on April 3, 2013.
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