Michael Martinez v. Max Williams
United States Court of Appeals for the Ninth CircuitJuly 23, 201211-35115California81 words
Opinion
facts, we cannot say that a “reasonable official standing where [Fletcher] was
standing” could believe that shooting Martinez was a “good faith effort to restore
order, and thus lawful.” Marquez v. Gutierrez, 322 F.3d 689, 693 (9th Cir. 2003).
Accordingly, we affirm summary judgment as to the claims against Williams
and Nooth, and reverse summary judgment as to the claims against Fletcher.
The parties shall bear their own costs on appeal.
AFFIRMED in part; REVERSED in part; and REMANDED.
11-35115