MONROE v. CITY OF PHOENIX, ARIZ.

No. 99-16974.

248 F.3d 851 (2001)

Justin Terrance MONROE, Plaintiff-Appellant, v. CITY OF PHOENIX, ARIZONA; Donald Sherrard, husband; Jane Doe Sherrard, wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 17, 2001.


Attorney(s) appearing for the Case

Tony K. Behrens, Law Offices of Tony K. Behrens, Glendale, Arizona, for plaintiff-appellant Justin Terrance Monroe.

Daniel P. Struck (argued) and David C. Lewis, Jones, Skelton & Hochuli, Phoenix, Arizona, for defendants-appellees City of Phoenix and Donald Sherrard.

Before: MICHAEL DALY HAWKINS, M. Margaret McKeown, and Kim McLane Wardlaw, Circuit Judges.


Argued and Submitted March 13, 2001—San Francisco, California.

McKEOWN, Circuit Judge:

The primary issue in this police-shooting case is whether the district court erred by giving the jury an excessive force instruction rather than a deadly force instruction pursuant to Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). Justin Monroe brought suit against Sgt. Donald Sherrard, an officer with...

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