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Espinosa v. City and County of San Francisco

598 F.3d 528 (2010)

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Espinosa v. City and County of San Francisco

United States Court of Appeals for the Ninth Circuit
598 F.3d 528 (2010)

Facts

Asa Sullivan was staying at the home of a friend, Jason Martin. Three San Francisco police officers (defendants) entered the house after receiving reports that it was being used to sell drugs. When the officers entered, they observed a bloody shirt hanging on an interior door. They continued to the second floor, kicked down a locked door, and found Martin. They ordered him on the ground and handcuffed him, finding a knife. The officers heard noise in the attic and went to investigate. All three entered with their guns drawn. Sullivan was in the attic, and the officers commanded him to put his hands in the air, but he did not comply. Two of the officers then opened fire, killing Sullivan. The officers claimed that they saw an object in Sullivan’s hands that they believed to be a weapon and that Sullivan said, “Kill me or I’ll kill you.” Sullivan was unarmed. Sullivan’s family (plaintiffs) brought suit under 42 U.S.C. § 1983, alleging that the officers used unreasonable force. The district court denied the officers’ summary-judgment motion, finding that they were not entitled to qualified immunity. The officers filed an interlocutory appeal to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Hug, J.)

Concurrence/Dissent (Wu, J.)

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