Estate of Timothy Gene Smith v. Dan Escamilla

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 14 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ESTATE OF TIMOTHY GENE SMITH, by No. 23-55074 his successor in interest Wyatt Allen Gunner Smith; WYATT ALLEN GUNNER SMITH, D.C. No. 3:16-cv-02989-WQH-MSB Plaintiffs-Appellants,

and MEMORANDUM*

SANDY LYNN SIMMONS,

Plaintiff,

v.

DANIEL O. ESCAMILLA, as an individual and on behalf of Legal Service Bureau, Inc.,

Defendant-Appellee,

and

SCOTT R. HOLSLAG; et al.,

Defendants.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted February 8, 2024

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Pasadena, California

Before: WARDLAW, FRIEDLAND, and SUNG, Circuit Judges.

The Estate of Timothy Gene Smith and Wyatt Allen Gunner Smith

(collectively “Appellants”) appeal the district court’s grant of summary judgment

to Defendant Dan Escamilla in their 42 U.S.C. § 1983 action alleging…