Steven Hyer v. City and County of Honolulu

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN A. HYER, Individually and No. 23-15335 as Personal Representative of The Estate of Steven K. Hyer, D.C. No. 1:19-cv-00586- Plaintiff-Appellant, HG-RT

and

OPINION

THERESA L. CHANG; CASSI H.

HYER,

Plaintiffs,

v.

CITY AND COUNTY OF

HONOLULU; PAUL V. NOBRIGA,

in his individual capacity; WAYNE SILVA, in his individual capacity; MALO B. TORRES, in his individual capacity,

Defendants-Appellees,

and

JOHN DOES, 4-10; JANE DOES, 1-

10; DOE CORPORATIONS, 1-10; DOE PARTNERSHIPS, 1-10; DOE

UNINCORPORATED

ORGANIZATIONS, 1-10,

Defendants.

Appeal from the United States District Court for the District of Hawaii Helen W. Gillmor, District Judge, Presiding

Argued and Submitted February 14, 2024 University of Hawaii Manoa

Filed September 23, 2024

Before: Richard A. Paez, Milan D. Smith, Jr., and Lucy H. Koh, Circuit Judges.

Opinion by Judge Paez

HYER V. CITY AND COUNTY OF HONOLULU

SUMMARY*

Expert Testimony / Qualified Immunity

The panel reversed in part and affirmed in part the district court’s summary judgment in favor of defendants, the City and County…