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JOHNSON v. BAY AREA RAPID TRANSIT DIST.

Nos. 11-16456, 11-16480, 11-16481.

724 F.3d 1159 (2013)

Wanda JOHNSON, individually and as personal representative of the Estate of Oscar J. Grant, III; Estate of Oscar J. Grant III; Sophina Mesa, as Guardian ad Litem of minor, T.G.; Jack Bryson, Jr.; Nigel Bryson; Michael Greer; Carlos Reyes; Fernando Anicete, Jr.; Oscar Julius Grant, Jr.; Johntue Caldwell (now deceased), Plaintiffs-Appellees, v. BAY AREA RAPID TRANSIT DISTRICT; Gary Gee, in his official capacity as chief of police for Bart; Dorothy Dugger, in her official capacity as general manager for Bart; Anthony Pirone, individually and in his official capacity as a police officer for Bart; Marysol Domenici, individually and in her official capacity as a police officer for Bart; Does 1-50, Defendants, and Johannes Mehserle, individually and in his official capacity as a police officer for Bart, Defendant-Appellant. Wanda Johnson, individually and as personal representative of the Estate of Oscar J. Grant, III; Estate of Oscar J. Grant III; Sophina Mesa, as Guardian ad Litem of minor, T.G.; Jack Bryson, Jr.; Nigel Bryson; Michael Greer; Fernando Anicete, Jr.; Carlos Reyes; Oscar Julius Grant, Jr.; Johntue Caldwell (now deceased), Plaintiffs-Appellees, v. Bay Area Rapid Transit District; Gary Gee, in his official capacity as chief of police for Bart; Dorothy Dugger, in her official capacity as general manager for Bart; Johannes Mehserle, individually and in his official capacity as a police officer for Bart; Marysol Domenici, individually and in her official capacity as a police officer for Bart; Does 1-50, Defendants, and Anthony Pirone, individually and in his official capacity as a police officer for Bart, Defendant-Appellant. Wanda Johnson, individually and as personal representative of the Estate of Oscar J. Grant, III; Estate of Oscar J. Grant III; Sophina Mesa, as Guardian ad Litem of minor, T.G.; Jack Bryson, Jr.; Nigel Bryson; Michael Greer; Fernando Anicete, Jr.; Carlos Reyes; Oscar Julius Grant, Jr.; Johntue Caldwell (now deceased), Plaintiffs-Appellees, v. Bay Area Rapid Transit District; Gary Gee, in his official capacity as chief of police for Bart; Dorothy Dugger, in her official capacity as general manager for Bart; Johannes Mehserle, individually and in his official capacity as a police officer for Bart; Anthony Pirone, individually and in his official capacity as a police officer for Bart; Does 1-50, Defendants, and Marysol Domenici, individually and in her official capacity as a police officer for Bart, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 30, 2013.

Attorney(s) appearing for the Case

Michael L. Rains (argued) and Lara Cullinane-Smith, Rains Lucia Stern, PC, Pleasant Hill, CA, for Defendant-Appellant Johannes Mehserle.

Donald T. Ramsey (argued), Law Offices of Donald T. Ramsey, San Francisco, CA; William R. Rapoport, Law Offices of William R. Rapoport, Redwood City, CA, for Defendant-Appellant Anthony Pirone.

Alison Berry Wilkinson (argued), Berry Wilkinson Law Group, Inc., San Rafael, CA, for Defendant-Appellant Marysol Domenici.

John L. Burris (argued) and Adanté D. Pointer, Law Offices of John L. Burris, Oakland, CA; Elizabeth H. Eto Oakland, CA (on the brief); Dan Siegel (argued) and Dean Royer, Siegel & Yee, Oakland, CA, for Plaintiffs-Appellees Fernando Anicete, Jr., Jack Bryson, Jr., Nigel Bryson, and Carlos Reyes.

Panos Lagos, Law Offices of Panos Lagos, Oakland, CA, for Plaintiff-Appellee Oscar Julius Grant, Jr.

Before: MICHAEL DALY HAWKINS, A. WALLACE TASHIMA, and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

In the early morning hours of January 1, 2009, on a train platform in Oakland, an encounter between a group of young men and several officers of the Bay Area Rapid Transit ("BART") police ended with the shooting and death of Oscar Grant III and the allegedly unconstitutional detentions of Grant's friends, Nigel Bryson, Jack Bryson, Jr., Carlos Reyes, Michael Greer, and Fernando...

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