James Steinle v. United States

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES STEINLE, individually and No. 20-15419 as heir to Kathryn Steinle, deceased; ELIZABETH SULLIVAN, D.C. No. individually and as heir to 3:16-cv-02859-JCS Kathryn Steinle, deceased, Plaintiffs-Appellants,

ORDER AND

v. AMENDED

OPINION

UNITED STATES OF AMERICA,

Defendant-Appellee,

and

CITY AND COUNTY OF SAN

FRANCISCO, a government entity;

JUAN FRANCISCO LOPEZ-

SANCHEZ; ROSS MIRKARIMI,

Defendants.

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted July 7, 2021 San Francisco, California Filed August 24, 2021 Amended November 8, 2021

Before: A. Wallace Tashima and Susan P. Graber, Circuit Judges, and Kathryn H. Vratil,* District Judge.

Order; Opinion by Judge Graber

SUMMARY**

Federal Tort Claims Act / California Tort Law

The panel filed a combined order and opinion, amending the opinion filed on August 24, 2021, denying a petition for rehearing, denying on behalf of the court a petition for rehearing en banc, and…