Vos v. City of Newport Beach

High, mentally ill man shouts at Newport Beach, Calif. police from within a convenience store, pantomimes having a gun, tells police to shoot him. Police take position outside, behind car doors. He runs toward them brandishing what turns out to be a metal display hook. They shoot, kill him. Excessive force? Quite possibly, says a Ninth Circuit panel. But that wasn’t clearly established, so the man’s parents can’t sue under the Fourth Amendment. Their state-law claims should not have been dismissed, however.

Tags: 2018, Excessive Force, Fourth Amendment, Ninth Circuit, Police

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