Lewis

MEMORANDUM **

Harold Lewis appeals from the entry of summary judgment against him in his action alleging that an off-duty Los Angeles Police Department officer unreasonably shot and killed his son, Etone Lewis. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

I

The Etone Lewis shooting was the subject of two separate suits, each filed by one of Etone Lewis’s parents: In L.D. Lewis v. City of Los Angeles, district court docket number CV-98-1638, Etone Lewis’s mother sued the City of Los Angeles, the Los Angeles Police Department, and the officer involved in the shooting. In Harold Lewis v. City of Los Angeles, district court docket number CV 98-5333, the only defendants named by Etone Lewis’s father were the City of Los Angeles and the Los Angeles Police Department (the “municipal appellees”). Harold Lewis and L.D. Lewis were consolidated before the district court, but the notice of appeal only included the Harold Lewis case. The officer who shot Etone Lewis was not served with this notice of appeal, and, because he was not a party to Harold Lewis, the officer has not filed a notice of appearance with this court.…