Jonell Grainger v. John Ensley

Good Law
United States Court of Appeals for the Ninth CircuitMay 6, 202220-36021California1,271 words

Opinion

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 6 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JONELL GRAINGER, as Personal No. 20-36021 Representative of the Estate of Joshua Todd Fischer, D.C. No. 1:18-cv-01093-CL

Plaintiff-Appellant,

MEMORANDUM*

v.

JOHN ENSLEY; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding

Argued and Submitted February 10, 2022 Portland, Oregon

Before: PAEZ and NGUYEN, Circuit Judges, and EATON,** Judge.

On April 21, 2017, police were dispatched to conduct a welfare check on

Joshua Fischer (“Fischer”), after a nearby resident noticed him lying by the side of

a highway screaming that he wanted to die. The responding officers spoke to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard K. Eaton, Judge for the United States Court of International Trade, sitting by designation. Fischer for a few minutes and…

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