Glenn

Glenn v. Washington County

Good Law
661 F.3d 460·2011 WL 5248242
United States Court of Appeals for the Ninth CircuitNovember 4, 201110-35636California8,662 words

Opinion

Opinion

FISHER, J.

Michael A. Cox (argued) and Lawrence K. Peterson, Law Office of Michael Cox, Tualatin, OR, for the plaintiff-appellant.

William G. Blair (argued), William G. Blair, PC, Beaverton, OR, for the defendants-appellees.

Before: RAYMOND C. FISHER, RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges.

FISHER, Circuit Judge:

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a "less-lethal" beanbag shotgun, and had fatally shot him eight times with their service weapons. Lukus' mother filed suit against the officers and Washington County alleging a state law wrongful death claim and a 42 U.S.C. § 1983 claim for excessive force under the Fourth Amendment. The district court granted summary judgment to the defendants after concluding there was no constitutional violation. We reverse and remand for trial.

On September 15, 2006, Lukus Glenn left his home to attend a Tigard High School football game…

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