Aguirre

Aguirre v. City of West Covina

Good Law
187 F. App'x 755
United States Court of Appeals for the Ninth CircuitJune 30, 2006No. 04-56184; D.C. No. CV-03-00621-CJCCalifornia1,310 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Patricia Aguirre appeals the district court’s order granting summary judgment to defendants Officer Kenneth Davis and the City of West Covina. Officer Davis shot and killed Raymond Aguirre, the son of Patricia Aguirre, while he was banging on the front door of 832 West Michelle. 1 Raymond Aguirre had run desperately to that door while being pursued by Officer Davis who had observed Aguirre speeding and committing-various traffic infractions. Patricia Aguirre sued Davis and the City under 42 U.S.C. § 1983 , alleging that Officer Davis’s use of deadly force violated the Fourth Amendment, and that a municipal policy or custom caused a constitutional violation, making the City liable under Monell v. Dep’t of Soc. Servs., 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). 2 The district court concluded that Officer Davis was entitled to qualified immunity because “Davis’ use of deadly force was reasonable to protect the public from serious harm,” and that the City was entitled to summary judgment because Appellants did not produce evidence that a municipal policy or custom caused Officer Davis’s allegedly unconstitutional conduct.

*757 The law governing the…

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