Maxwell, et al v. County of San Diego, et al, No. 10-56671 (9th Cir. 2012)
Annotate this CaseThese consolidated appeals concern the aftermath of the shooting of Kristin Marie Maxwell-Bruce by her husband, Lowell Bruce. The Maxwells brought suit against several parties. These interlocutory appeals concern two sets of claims. First, the Maxwells alleged various constitutional violations by the Sheriff's officers pursuant to 42 U.S.C. 1983. Second, the Maxwells sought tort damages under California law against the Viejas defendants, pursuant to 28 U.S.C. 1367(a). The court affirmed the district court's denial of summary judgment on the ground of qualified immunity to the Sheriff's officers on the ground of qualified immunity to the Sheriff's officers with regards to the Maxwell's Fourteenth Amendment due process claim and Fourth Amendment search and seizure claims. The court reversed the district court's granting of the Viejas defendants' motion to dismiss for lack of subject matter jurisdiction due to tribal sovereign immunity, and remanded for further proceedings.
The court issued a subsequent related opinion or order on February 14, 2013.
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