Patricia Lopez v. City of Mesa

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 1 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PATRICIA LOPEZ, as a surviving parent No. 22-15278 and personal representative of the estate deceased Anthony Lopez; CAESAR LOPEZ, D.C. No. 2:19-cv-04764-DLR surviving parent of deceased Anthony Lopez,

Plaintiffs-Appellees, MEMORANDUM*

v.

CITY OF MESA; HEATH CARROLL,

Defendants-Appellants.

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted July 6, 2023 San Francisco, California

Before: NGUYEN, COLLINS, and LEE, Circuit Judges. Dissent by Judge LEE.

Defendants City of Mesa and officer Heath Carroll (collectively

“defendants”) appeal the district court’s denial of qualified immunity at summary

judgment. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Patricia and Caesar Lopez (“plaintiffs”), the surviving parents of Anthony

Lopez (“Lopez”), brought this…