Glenn v. Washington County, et al., No. 10-35636 (9th Cir. 2011)Annotate this Case
Plaintiff filed suit against defendants, county officers and the county, alleging a state law wrongful death claim and a 42 U.S.C. 1983 claim for excessive force under the Fourth Amendment when her 18-year-old son was shot and killed in his driveway by the officers. The district court granted summary judgment to defendants after concluding there was no constitutional violation. The court held that there were material questions of fact about plaintiff's son's and the officers' actions that precluded a conclusion that the officers' rapid resort to deadly force was reasonable as a matter of law. The court concluded that resolution of these issues was critical to a proper determination of the officers' entitlement to qualified immunity. Accordingly, the court reversed the district court's summary judgment on the use of lethal force. The court also reversed and remanded for reconsideration of whether plaintiff's state law wrongful death claim could properly be resolved on summary judgment.
The court issued a subsequent related opinion or order on December 27, 2011.