Rosa Cuevas v. City of Tulare

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROSA CUEVAS, No. 23-15953

Plaintiff-Appellant, D.C. No. 1:19-cv-01525- and JLT-SAB

LETITIA TUGGLE, as Representative of The Estate of Quinntin Castro; OPINION

CAMERON WARE,

Plaintiffs,

v.

CITY OF TULARE; MATT

MACHADO, Police Chief; RYAN

GARCIA; ANDY GARCIA;

EDWARD PUENTE, Officer; DANIEL BRADLEY, Officer,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Jennifer L. Thurston, District Judge, Presiding

Argued and Submitted June 13, 2024 San Francisco, California

Filed July 10, 2024

Before: Ronald M. Gould, Richard C. Tallman, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge R. Nelson

SUMMARY *

Excessive Force/Qualified Immunity

The panel affirmed on qualified immunity grounds the district court’s summary judgment in favor of police officers in an action brought pursuant to 42 U.S.C. § 1983 and California law alleging that the officers used excessive force by shooting into a vehicle following a high-speed felony chase,…