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.”

Read Boyd v. San Francisco, No. 07-16993

Appellate Information

Argued and Submitted July 14, 2009

Filed August 7, 2009

Judges

Opinion by Judge Smith

Counsel

For Appellants:

Jay B. Shapiro, Forman & Associates, San Rafael, California

For Appellees:

Blake P. Loebs, San Francisco City Attorney’s Office, San Francisco, CA

Scott D. Wiener, San Francisco City Attorney’s Office, San Francisco, CA

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