Zion v. County of Orange

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Plaintiff filed suit against defendants under 42 U.S.C. 1983 and state law, alleging excessive use of force when a police officer shot and killed her son, Connor Zion. The district court granted summary judgment to defendants on all claims. In regard to the Fourteenth Amendment due process claim, the Ninth Circuit held that Officer Higgins did not violate the Fourteenth Amendment by emptying his weapon at Zion. However, the head stomps were different because a jury could reasonably find that Higgins knew or easily could have determined that he had already rendered Zion harmless. If so, a reasonable jury could also conclude that Higgins was acting out of anger or emotion rather than any legitimate law enforcement purpose. The panel reversed as to the Fourteenth Amendment due process claim. The panel affirmed as to the municipal liability claims and remanded the remaining claims for the district court to consider in the first instance. View "Zion v. County of Orange" on Justia Law