Lerette

FILED

NOT FOR PUBLICATION

NOV 4 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIN LERETTE, et al., No. 23-3175

Plaintiffs-Appellants, D.C. No. 1:20-cv-00202-JAO-RT v.

COUNTY OF HAWAI’I, et al., MEMORANDUM*

Defendants-Appellees.

Appeal from the United States District Court for the District of Hawaii Jill A. Otake, District Judge, Presiding

Argued and Submitted October 9, 2024 Honolulu, Hawaii

Before: MURGUIA, Chief Judge, and GRABER and MENDOZA, Circuit Judges.

Vincent Burton died seventeen days after an encounter with police officers

pursuant to a DUI arrest. His surviving sister and sons (“Plaintiffs”) appeal the

district court’s dismissal of their excessive force claim against the officers. The

district court ruled on summary judgment that the officers did not violate the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Constitution and, in the alternative, that they are shielded by qualified immunity. We

have jurisdiction under 28 U.S.C. § 1291, and we…