Mayleisha Barnes v. City of Pasadena

MEMORANDUM

This case involves the fatal shooting of Leroy Barnes by two City of Pasadena police officers. Plaintiffs, Barnes’s two daughters and his estate, appeal the district court’s grant of summary judgment in favor of Defendants, the two officers and the City of Pasadena. Reviewing de novo, we affirm.

We agree with the district court that Plaintiffs lacked standing to assert an excessive force claim under the Fourth Amendment. See Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365 , 369 (9th Cir.1998). Plaintiffs have not argued to the contrary. They failed to demonstrate that one of them was Barnes’s personal representative or Barnes’s successor in interest under California law. See Tatum v. City & Cnty. of S.F., 441 F.3d 1090 , 1093 n. 2 (9th Cir.2006); Cal.Civ.Proc.Code §§ 377.30, 377.32.

We therefore construe Plaintiffs’ Fourth Amendment claim as a Fourteenth Amendment substantive due process claim based on Defendants’ alleged deprivation of Plaintiffs’ liberty interest in the companionship of their father. See Smith v. City of Fontana, 818 F.2d 1411, 1419 (9th Cir.1987), overruled on other grounds by Hodgers-Durgin v. de la Vina, 199 F.3d 1037 , 1040 n. 1 (9th…