Chris Willis v. City of Fresno

MEMORANDUM

Two Fresno police officers, Greg Catton and Daniel Astacio, shot Stephen Willis to death in the parking lot of his apartment complex. His parents, Chris and Mary Willis, as well as his girlfriend, Jennafer Uribe, sued Catton, Astacio, Chief of Police Jerry Dyer, and the City of Fresno. Catton, Astacio, Dyer, and the City moved for summary judgment on all of the Willis-es’ claims and prevailed. The Willises timely appealed. We affirm in part and reverse in part.

I

The Willises argue that genuine disputes of material fact remain as to their Fourth Amendment excessive-force claim. We agree. First, the Willises offered evidence suggesting that neither Catton nor Astacio identified himself as a police officer or warned Stephen to drop his gun before they began firing at him. This disputed fact is material. See Deorle v. Rutherford, 272 F.3d 1272, 1284 (9th Cir.2001) (“In the present case, the desirability and feasibility of a warning are obvious .... There was ample time to give that order or warning and no reason whatsoever not to do so.”). Second, the Willises presented evidence — indeed, an apparent admission by one of the involved officers— suggesting that “by the…