Kely Wilkins, Individually and as the Successor in Interest to Decedent William Alberto Wilkins William Alberto Wilkins, Individually the Estate of William Wilkins William Randolph Wilkins, a Minor, by and Through His Guardian Ad Litem, Kely Wilkins Fernando Wilkins, Individually Josefina Wilkins, Individually v. City of Oakland v. Tim Scarrott, Individually, and in His Official Capacity as a Police Officer for the City of Oakland Andrew Koponen, Individually, and in His Official Capacity as a Police Officer for the City of Oakland

350 F.3d 949 Kely WILKINS, Individually and as the Successor in Interest to Decedent William Alberto Wilkins; William Alberto Wilkins, Individually; The Estate of William Wilkins; William Randolph Wilkins, a minor, by and through his Guardian Ad Litem, Kely Wilkins; Fernando Wilkins, Individually; Josefina Wilkins, Individually, Plaintiffs-Appellees, v. CITY OF OAKLAND, Defendant, v. Tim Scarrott, individually, and in his official capacity as a Police Officer for the City of Oakland; Andrew Koponen, individually, and in his official capacity as a Police Officer for the City of Oakland, Defendants-Appellants. No. 03-15086. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 6, 2003. Filed November 20, 2003. COPYRIGHT MATERIAL OMITTED Todd Boley, Oakland, California, for the Defendants-Appellants. Michael J. Haddad, Oakland, California, for the Plaintiffs-Appellees. Appeal from the United States District Court for the Northern District of California; Maxine M. Chesney, District Judge, Presiding. D.C. No. CV-01-01402-MMC. Before PROCTER HUG, Jr., BETTY B. FLETCHER, and A. WALLACE TASHIMA, Circuit Judges. OPINION BETTY B. FLETCHER, Circuit Judge: 1…