J. J. v. City of San Diego

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

J. K. J., individually, and successor No. 20-55622 in interest to the Deceased Aleah Jenkins, by and through his D.C. No. guardian-ad-litem Jeremy Hillyer, 3:19-cv-02123- Plaintiff-Appellant, CAB-RBB

v.

OPINION

CITY OF SAN DIEGO, a public entity; DAVID NISLET, in his individual capacity and official capacity as Police Chief of the San Diego Police Department; LAWRENCE DURBIN, an individual; JASON TAUB, an individual; DOES, 1–10, Inclusive, Defendants-Appellees,

and

NICHOLAS CASICOLA,

Defendant.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted July 6, 2021 Pasadena, California Filed November 15, 2021

Before: D. Michael Fisher, * Paul J. Watford, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Fisher; Dissent by Judge Watford

SUMMARY **

Civil Rights

The panel affirmed the district court’s dismissal of an action brought pursuant to 42 U.S.C. § 1983 alleging constitutional violations by police officers in their treatment of Aleah…