October 17, 2007 Ninth Circuit Decisions
On Wednesday, October 17, 2007, the Ninth Circuit issued one published opinion, and two published orders.
In Acosta v. Hill, the Ninth Circuit held that where a jury found that an officer’s actions were reasonable, and therefore, not excessive force, there was no error in the trial court’s failure to give a separate instruction on deadly force. The Court noted that Scott v. Harris, 127 S.Ct. 1769 (2007), which held there is no separate “unconstitutional deadly force issue” governed the issue.
In Beltran v. Santa Clara County and in Navajo Nation v. United States Forest Service, the Ninth Circuit ordered that the matters be reheard en banc.
