In Torres v. City of Madera, the Ninth Circuit yesterday overturned the EDCA court's grant of qualified immunity to a Madera city police officer in the shooting death of Everardo Torres:
While handcuffed in the back seat of a patrol car, Everardo Torres (“Everardo”) was mortally wounded when Madera City Police Officer Marcy Noriega (“Officer Noriega”) shot him in the chest with her Glock semiautomatic pistol, believing it at the time to be her Taser M26 stun gun. Everardo’s family filed this survival action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment, and now appeals from an adverse grant of summary judgment. Consistent with the Fourth Circuit’s decision in Henry v. Purnell, ___ F.3d ___, 2011 WL 2725816 (4th Cir. July 14, 2011) (en banc), we reverse and remand for trial.
(Footnote omitted). The Sacramento Bee, 8/23/11 reports that the City of Madera will likely petition for rehearing en banc.