Kathleen Espinosa v. City and County of San Francisco

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KATHLEEN ESPINOSA, individually  and as personal representative of the Estate of decedent Asa Sullivan; ASA SULLIVAN; A. S., by and through his Guardian ad Litem; NICOLE GUERRA, Plaintiffs-Appellees, No. 08-16853 v. CITY AND COUNTY OF SAN  D.C. No. 3:06-cv-04686-JSW FRANCISCO; HEATHER FONG, in her capacity as Chief of Police, OPINION Defendants, and JOHN KEESOR, Police Officer; MICHELLE ALVIS, Police Officer; PAUL MORGADO, Police Officer, Defendants-Appellants.  Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted October 5, 2009—San Francisco, California

Filed March 9, 2010

3643 3644 ESPINOSA v. SAN FRANCISCO Before: Procter Hug, Jr. and Richard A. Paez, Circuit Judges, and George H. Wu,* District Judge.

Opinion by Judge Hug; Partial Concurrence and Partial Dissent by Judge Wu

*The Honorable George H. Wu, United States District Judge for the Central District of California, sitting by designation. 3648 ESPINOSA v. SAN…