Trevino

Trevino v. Gates

Caution
96 Daily Journal DAR 13300·99 F.3d 911·45 Fed. R. Serv. 1143·1996 U.S. App. LEXIS 28299·96 Cal. Daily Op. Serv. 8007
United States Court of Appeals for the Ninth CircuitNovember 1, 1996Nos. 95-55290, 95-56100California6,654 words

Opinion

Lead Opinion

Thomas, J.

- Plaintiff Johanna Trevino is the daughter of Juan Bahena, one of three men killed by Los Angeles Police Department (“LAPD”) officers during a robbery. Among other claims, Trevino alleged that the City of Los Angeles (“City”) and members of the Los Angeles City Council (“Councilmembers”) *916 deprived her of her civil rights in violation of 42 U.S.C. § 1988 by indemnifying LAPD officers against punitive damage liability in excessive force cases. Trevino appeals the district court’s entry of summary judgment for the Councilmembers and the City, along with numerous other issues. We affirm all of the district court’s rulings, with the exception of the attorneys’ fees award.

BACKGROUND

Juan Bahena was fatally shot by LAPD officers shortly after he and three accomplices robbed a McDonald’s restaurant on February 12, 1990. While leaving the scene, Bahena and the other perpetrators were surrounded by police officers. Believing the burglars to be pointing guns in their direction, the officers opened fire, killing three of the four suspects. None of the perpetrators were bearing actual firearms, only pellet guns.

Trevino’s grandmother and survivors of the other victims sued the…

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