Lewis v. Sacramento County

98 F.3d 434 65 USLW 2319 , 96 Cal. Daily Op. Serv. 7501 , 96 Daily Journal D.A.R. 12 ,353 Teri LEWIS and Thomas Lewis, Personal Representatives of the Estate of Philip Lewis, Plaintiffs-Appellants, v. SACRAMENTO COUNTY; Sacramento County Sheriff'S Department; James E. Smith, Defendants-Appellees. No. 93-15924. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Oct. 9, 1996. Paul J. Hedlund, Kananack, Murgatroyd, Baum & Hedlund, Los Angeles, CA, for plaintiffs-appellants. Terence John Cassidy, Porter, Scott, Weinberg & Delehand, Sacramento, CA, for defendants-appellees. Appeal from the United States District Court for the Eastern District of California, Garland E. Burrell, District Judge, Presiding. D.C. No. CV-91-00505-GEB. Before SCHROEDER, * PREGERSON, and WIGGINS, Circuit Judges. OPINION PREGERSON, Circuit Judge: 1 This 42 U.S.C. § 1983 case involves a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol car. One of the teenagers was killed. We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court's grant of summary judgment on the issue of qualified immunity as…