Syfu

Syfu v. Cooke

Good Law
67 F. App'x 404
United States Court of Appeals for the Ninth CircuitMay 27, 2003No. 01-56486, 01-56590; D.C. No. CV-00-00497-GLTCalifornia736 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant R. Syfu, the father of decedent Ryan Syfu (“Syfu”), appeals the district court’s grant of summary judgment in this 42 U.S.C. § 1983 action. The appellant contends that the appellees, Culver City police officers, violated the Fourth and Fourteenth Amendments when they *406 shot and killed Ryan Syfu. We affirm the grant of summary judgment.

The district court properly concluded that the officers’ use of deadly force did not constitute a Fourth Amendment violation. The facts here show that the officers had probable cause to believe that Syfu posed a threat of serious harm to themselves or others and that they reasonably believed such force was necessary to prevent his escape. See Monroe v. City of Phoenix, 248 F.3d 851, 861 (9th Cir.2001).

The officers had probable cause to believe that Syfu had shot a deliveryman at his apartment, and therefore posed a threat of serious harm. See Forrett v. Richardson, 112 F.3d 416, 420 (9th Cir.1997), overruled on other grounds by Chroma Lighting v. GTE Prods. Corp., 127 F.3d 1136 (9th Cir.1997). They received two radio calls describing the scene and saw Syfu walking away with a weapon.

It was also reasonable for the…

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