In a 42 U.S.C. section 1983 action alleging excessive force by police, judgment for defendants is affirmed where evidence of decedent's animosity toward the police was relevant to show that he was trying to provoke a police shootout, rather than trying to surrender, in order to commit "suicide by cop."
Argued and Submitted July 14, 2009
Filed August 7, 2009
Opinion by Judge Smith
Jay B. Shapiro, Forman & Associates, San Rafael, California
Scott D. Wiener, San Francisco City Attorney's Office, San Francisco, CA