Smith v. City of Medford

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 10 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JERRY SMITH, No. 23-4213 D.C. No. Plaintiff - Appellant, 1:17-cv-00931-CL v. MEMORANDUM*

CITY OF MEDFORD,

Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Mark D. Clarke, Magistrate Judge, Presiding

Submitted March 31, 2025** Portland, Oregon

Before: LEE and FORREST, Circuit Judges, and BENCIVENGO, District Judge.*** Plaintiff Jean Smith, personal representative for the estate of Jerry Smith1,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Cathy Ann Bencivengo, United States District Judge for the Southern District of California, sitting by designation. 1 Plaintiff Jerry Smith passed away in August 2022 after the parties filed their cross…