Estate of Lopez v. Gelhaus
9th Cir.; 16-15175 The court of appeals affirmed a district court order. The court held that a deputy sheriff was not entitled to qualified immunity…
September 25, 2017 at 06:29 PM
4 minute read
9th Cir.;
16-15175
The court of appeals affirmed a district court order. The court held that a deputy sheriff was not entitled to qualified immunity for the fatal shooting of a 13-year old holding a plastic gun.
Sonoma County sheriff's deputies patrolling in Santa Rosa in mid-afternoon spotted an individual carrying what appeared to be an AK-47. There was no one else in the immediate vicinity. The deputies stopped their patrol car. Deputy Gelhaus got out of the car, knelt behind the open door, and yelled to the individual to put down the gun. The individual turned toward Gelhaus. As he turned, Gelhaus saw him raise the rifle. Gelhaus immediately fired eight shots in rapid succession, striking the individual in the chest and killing him instantly. The decedent was subsequently identified as 13-year old Andy Lopez, and the “AK-47” was identified as nothing more than a plastic replica. Andy's estate sued Gelhaus and the county under 42 U.S.C. §1983 for violation of Andy's Fourth Amendment rights.
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