J. J. v. City of San Diego

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

J. K. J., individually, and successor in No. 20-55622 interest to the Deceased Aleah Jenkins, by and through his guardian-ad-litem D.C. No. Jeremy Hillyer, 3:19-cv-02123-

CAB-RBB

Plaintiff-Appellant,

v. ORDER

CITY OF SAN DIEGO, a public entity; DAVID NISLET, in his individual capacity and official capacity as Police Chief of the San Diego Police Department; LAWRENCE DURBIN, an individual; JASON TAUB, an individual; DOES, 1-10, Inclusive,

Defendants-Appellees,

and

NICHOLAS CASICOLA,

Defendant. Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted En Banc June 21, 2023 Submission Vacated February 1, 2024 Resubmitted November 21, 2024 Seattle, Washington

Filed November 27, 2024

Before: Mary H. Murguia, Chief Judge, and Morgan Christen, Michelle T. Friedland, Mark J. Bennett, Eric D. Miller, Bridget S. Bade, Kenneth K. Lee, Patrick J. Bumatay, Lawrence VanDyke, Jennifer Sung and Roopali H. Desai, Circuit…