Rosalina Calonge v. City of San Jose

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROSALINA CALONGE, an No. 22-16495 individual and successor in interest to Francis Calonge, deceased, D.C. No. 5:20-cv-07429- Plaintiff-Appellant, NC

v.

OPINION

CITY OF SAN JOSE, a municipal public entity; EDWARD CARBONI, an individual,

Defendants-Appellees,

and

FRANCISCO CALONGE, Nominal Defendant,

Defendant.

Appeal from the United States District Court for the Northern District of California Nathanael M. Cousins, Magistrate Judge, Presiding

Argued and Submitted November 17, 2023 San Jose, California Filed June 7, 2024

Before: Mary H. Murguia, Chief Judge, and Richard A. Paez and Michelle T. Friedland, Circuit Judges.

Opinion by Judge Friedland

SUMMARY*

Deadly Force/Qualified Immunity

The panel reversed the district court’s summary judgment granting qualified immunity to City of San Jose Police Officer Edward Carboni in an action brought pursuant to 42 U.S.C. § 1983 alleging, among other claims, that Officer Carboni used excessive deadly force when he shot and killed Francis Calonge. The panel noted that this case is…