Nicholas Cederberg v. Legacy Health

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 21 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS CEDERBERG; HAYLEY No. 20-35907

SHELTON,

D.C. No. 3:18-cv-02044-HZ Plaintiffs-Appellants,

v. MEMORANDUM*

LEGACY HEALTH, an Oregon corporation;

LEGACY MERIDIAN PARK HOSPITAL,

an Oregon corporation,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted March 8, 2022 Portland, Oregon

Before: GRABER, BEA, and VANDYKE, Circuit Judges.

On December 25, 2016, James Tylka, Jr. (“Tylka”) murdered his wife and fled

the scene in his vehicle. Oregon State Trooper Nicholas Cederberg gave chase and

followed Tylka down a dead-end road. Tylka shot Cederberg twelve times and then

shot himself in the head. Cederberg survived his injuries; Tylka did not.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Less than one month earlier, on November…