Kyle Eyre v. City of Fairbanks

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 7 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KYLE EYRE, Personal Representative of No. 23-35206 Cody Eyre, D.C. No. 4:19-cv-00038-SLG Plaintiff-Appellee,

v. MEMORANDUM*

CITY OF FAIRBANKS, a municipal corporation; et al.,

Defendants-Appellants,

and

STATE OF ALASKA,

Defendant.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, Chief District Judge, Presiding

Argued and Submitted May 20, 2024 Anchorage, Alaska

Before: BYBEE, FRIEDLAND, and MILLER, Circuit Judges. Dissent by Judge FRIEDLAND.

On December 24, 2017, police officers in Fairbanks, Alaska, fatally shot

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Cody Dalton Eyre. Eyre’s estate brought claims under 42 U.S.C. § 1983 and state

law against the officers and the City. The district court denied the defendants’

motion for summary judgment. The officers appeal the denial of summary

judgment based on…