J. J. v. City of San Diego

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

J. K. J., individually, and successor No. 20-55622 in interest to the Deceased Aleah Jenkins, by and through his D.C. No. guardian-ad-litem Jeremy Hillyer, 3:19-cv-02123- Plaintiff-Appellant, CAB-RBB

v.

ORDER AND

CITY OF SAN DIEGO, a public entity; AMENDED DAVID NISLET, in his individual OPINION capacity and official capacity as Police Chief of the San Diego Police Department; LAWRENCE DURBIN, an individual; JASON TAUB, an individual; DOES, 1–10, Inclusive, Defendants-Appellees,

and

NICHOLAS CASICOLA,

Defendant.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Argued and Submitted July 6, 2021 Pasadena, California Filed November 15, 2021 Amended August 2, 2022

Before: D. Michael Fisher, * Paul J. Watford, and Patrick J. Bumatay, Circuit Judges.

Order; Opinion by Judge Fisher; Dissent by Judge Watford

SUMMARY **

Civil Rights

The panel filed (1) an order granting a petition for rehearing, denying as moot a petition for rehearing en banc, and…