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DEORLE v. RUTHERFORD

No. 99-17188.

242 F.3d 1119 (2001)

Richard Leo DEORLE, Plaintiff-Appellant, v. Greg RUTHERFORD, Butte County Deputy Sheriff; Mick Grey, Butte County Sheriff; County of Butte, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 16, 2001.

Attorney(s) appearing for the Case

Larry L. Baumbach, Law Offices of Larry L. Baumbach, Chico, California, for the plaintiff-appellant.

Michael R. Deems, Stewart, Humpherys, Burchett & Sandelman, Chico, California, for the defendants-appellees.

Before: Myron BRIGHT, Stephen REINHARDT, and Barry G. SILVERMAN, Circuit Judges.

Argued and Submitted December 12, 2000 — San Francisco, California

Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.

REINHARDT, Circuit Judge:

Police Officer Greg Rutherford fired a "less lethal" lead-filled "beanbag round" into the face of Richard Leo Deorle, an emotionally disturbed resident of Butte County, California. Deorle was shot without receiving a warning and while unarmed. The projectile removed an eye and left lead shot implanted...

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