Longoria v. Pinal County, No. 16-15606 (9th Cir. 2017)Annotate this Case
In this 42 U.S.C. 1983 action, the Ninth Circuit reversed the district court's grant of qualified immunity for the sheriff and affirmed the dismissal of claims brought by family members alleging that the sheriff used excessive force when he shot and killed Manuel Longoria. The panel held that the sheriff's credibility or the accuracy of his version of the facts was a central question that had to be answered by a jury. Defendants were not entitled to qualified immunity because there was a material issue of fact as to whether the sheriff violated Longoria's clearly established constitutional right. However, Longoria's family did not have standing to sue on their own behalves. Finally, the panel reversed the grant of summary judgment on plaintiffs' wrongful death claim under Arizona state law, because there was a material dispute of facts as to the use of reasonable deadly force.