Federman

MEMORANDUM *

Defendants-Appellants Kern County Sheriff Carl Sparks and individual defendants of the Kern County Sheriffs special weapons and tactics (“SWAT”) team appeal the district court’s interlocutory order denying them qualified immunity for plaintiffs’ 42 U.S.C. § 1983 action for excessive force by the estate and survivors of Lyle Federman. Plaintiffs cross-appeal the district court’s dismissal of their § 1983 warrantless entry claim on the grounds that the individual defendants held qualified immunity for these claims and that the County of Kern and its Sheriff were immune under the Eleventh Amendment.

Attempting to detain Lyle Federman for a psychiatric evaluation, Deputies Mike Kirkland, Larry Studer, and Joe Lopeteguy shot and killed Federman in his home. Neighbors had complained of Federman’s odd behavior. Sergeant Adam of the Kern County Sheriffs Department concluded, after a brief interaction with Federman at his home, that Federman should be taken into custody for an involuntary psychiatric evaluation pursuant to section 5150 of the California Welfare and Institutions Code. Without informing Federman of this decision and without seeking a warrant, Adam requested a…