Chong Lee v. City of Stockon

MEMORANDUM **

Chong Lee and Chue Xiong appeal the district court’s grant of summary judgment and denial of reconsideration in their lawsuit alleging that their son, Sing Xiong, was shot and killed by a Stockton police officer. Lee and Xiong also appeal the district court’s decision to strike certain testimony they offered in opposition to Stockton’s summary judgment motion and an order imposing sanctions and denying their motion to compel discovery. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Lee and Xiong argue that summary judgment was improper because there is a genuine issue of material fact regarding whether Officer Wertz violated the Fourth Amendment and whether Sing’s fatal gunshot wound was self-inflicted. The record shows that Officer Wertz attempted to conduct a lawful Terry stop, see Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), and only fired her service weapon in response to Sing’s shots directed toward her. The uncontradicted eyewitness testimony and forensic evidence in the record shows that Sing’s fatal gunshot wound was self-inflicted. Accordingly, the district court correctly entered summary judgment in Stockton’s…