Duran

Duran v. City of Maywood

Good Law
221 F.3d 1127·2000 WL 943495
United States Court of Appeals for the Ninth CircuitJuly 11, 2000No. 97-55262California2,166 words

Opinion

Lead Opinion

Plaintiffs Cirilo and Zenaida Duran filed a civil rights lawsuit against Officer Rick Curiel and the City of Maywood (“Defendants”) after Officer Curiel shot and killed their son. The case went to trial and the jury returned a verdict for the Defendants. On appeal, the Plaintiffs claim that the district court erred when it refused to give three jury instructions and when it excluded evidence of another shooting Officer Curiel was involved in three days after the Duran shooting. Because we agree with the district court’s rulings on each of these issues, we AFFIRM.

I. BACKGROUND:

At approximately 6:30 a.m., on August 15,1994, Officer Curiel and Officer William Wallace responded to a dispatch call regarding loud music and shots fired in the vicinity of 52nd and Carmelita Street in the City of Maywood. When the officers arrived at the location, they heard music coming from inside the Duran’s garage. The officers pulled out their firearms and silently walked up the driveway toward the source of the music.

As they approached, the officers heard the sound of a person racking a pistol. Immediately upon hearing this sound, Officer Wallace yelled to his partner, “He just *1130 racked…

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