Genevieve Milling v. Las Vegas Metropolitan Police Department Tim Opdendyk, Officer

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Genevieve MILLING, Plaintiff-Appellant, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT; Tim Opdendyk, Officer, et al., Defendants-Appellees. No. 94-16121. United States Court of Appeals, Ninth Circuit. Submitted Sept. 11, 1995. * Decided Sept. 20, 1995. 1 Before: BEEZER and THOMPSON, Circuit Judges, and QUACKENBUSH, District Judge. ** 2 MEMORANDUM *** OVERVIEW 3 After her son, Jesse Thomas Miles, was shot and killed during an altercation with Las Vegas Police officers, Genevieve Milling brought this civil action against the Las Vegas Metropolitan Police Department (LVMPD), and individual Las Vegas Police Officers Tim Opdendyk, Gregory King, and Eric Fricker (collectively, "defendants"). Her complaint stated both federal and state law claims. The federal claim, brought under 28 U.S.C. Sec. 1983 , alleged Milling's Fourteenth Amendment rights 1 were violated because Officers Opdendyk and King unjustifiably killed her…