Tofte

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 8 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN TOFTE; CYNTHIA ALDERETTE; No. 24-7241 MICHAEL T. SMITH, Personal D.C. No. Representative of the estate of Justin Lee 3:22-cv-05700-TMC Tofte,

Plaintiffs - Appellants, MEMORANDUM*

v.

CITY OF LONGVIEW, a political subdivision of the State of Washington; ROBERT HUHTA, Interim Chief of the Longview Police Department; JORDAN

SANDERS; MATT HARTLEY; JOHN

REEVES; JOHN AND JANE DOES, 1-10,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Washington Tiffany M. Cartwright, District Judge, Presiding

Argued and Submitted November 18, 2025 Seattle, Washington

Before: McKEOWN, PAEZ, and DESAI, Circuit Judges.

Plaintiffs Brian Tofte, Cynthia Alderette, and Michael B. Smith, on behalf of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the estate of Justin Lee Tofte, sued defendants City of Longview, Robert Huhta,…