Estate of Tyler S. Rushing v. AG Private Protection, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ESTATE OF TYLER S. RUSHING, No. 2:18-cv-01692-MCE-AC et al., 12 Plaintiffs, MEMORANDUM AND ORDER v.

AG PRIVATE PROTECTION, INC.,

et al., Defendants. 17 By way of this action, Plaintiffs seek to recover for injuries sustained as a result of 18 a fatal altercation between Tyler S. Rushing (“Decedent” or “Rushing”)1 and the following 19 groups of Defendants: (1) AG Security Protection, Inc., and AG security guard and 20 supervisor Edgar Sanchez (collectively the “Security Defendants”); (2) the City of Chico, 21 the Chico Police Department, Chico PD Sergeant Scott Ruppel, and Officers Cedric 22 Schwyzer, Alex Fliehr, and Jeremy Gagnebin (collectively the “City Defendants”); and (3) 23 the County of Butte, the Butte County Sheriff’s Office, and Deputy Sheriff Ian Dickerson 24 (collectively the “County Defendants”). On July 22, 2020, the Court entered judgment in 25 favor of Defendants, after which Plaintiffs appealed. The Ninth Circuit affirmed in part, 26 vacated in part, and remanded the…