Juan Garcia v. County of Napa

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN GARCIA, Deceased, through his Co- No. 23-15056 Successors In Interest, AG and EG; et al., D.C. No. 4:21-cv-03519-HSG Plaintiffs-Appellants,

v. MEMORANDUM*

COUNTY OF NAPA; DAVID ACKMAN,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted April 3, 2024 San Francisco, California

Before: M. SMITH, HURWITZ, and JOHNSTONE, Circuit Judges.

This action arises out of the fatal shooting of Juan Garcia by Sergeant David

Ackman of the Napa County Sheriff’s Office after a traffic stop. The district court

dismissed the claim against the County under Monell v. Department of Social

Services of City of New York, 436 U.S. 658 (1978), pursuant to Federal Rule of Civil

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Procedure 12(b)(6), granted…