Vos v. City of Newport Beach, No. 16-56791 (9th Cir. 2018)Annotate this Case
After Gerritt Vos was shot and killed by police, Vos's parents filed suit alleging federal and state law claims. The district court granted summary judgment for defendants. In this case, officers responded to a call about Vos behaving erratically and brandishing a pair of scissors. Vos eventually charged in the officers' direction while holding the scissors above his head and officers shot him. The Ninth Circuit affirmed in part and reversed in part, holding that the facts were such that a reasonable jury could conclude that Vos was not an immediate threat to the officers, but nonetheless the officers were entitled to qualified immunity on the 42 U.S.C. 1983 claim because existing precedent did not clearly establish, beyond debate, that the officers acted unreasonably under the circumstances; because a reasonable jury could find that officers violated Vos's Fourth Amendment rights, it was appropriate to remand plaintiffs' conspiracy claims and Monell claims; defendants were not entitled to summary adjudication of plaintiffs' claims under the American with Disabilities Act and the Rehabilitation Act; and the panel reversed as to the negligence and state law claims.
Court Description: Civil Rights The panel affirmed in part and reversed in part the district court’s summary judgment and remanded in a 42 U.S.C. § 1983 action alleging that police officers used excessive deadly force when they fatally shot Gerritt Vos. The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised above his head. The panel held that the facts were such that a reasonable jury could conclude that Vos was not an immediate threat to the officers. The panel noted that the officers had surrounded the front door to the 7-Eleven, had established positions behind cover of their police vehicles, and