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City of Fresno, California v. Willis

Certiorari Denied

Petition for certiorari denied on October 2, 2017.

Docket No.17-67
Op. Below9th Cir.

Issue

(1) Whether the law is clearly established that a suspect reaching for a nearby gun does not present an immediate threat, justifying the use of deadly force, unless and until the suspect's hand is within inches of that gun; and (2) whether, where a jury awards only nominal damages on a claim brought pursuant to 42 U.S.C. § 1983 but awards substantial damages on a pendent state law claim, a district court, in ruling on a motion for attorney's fees under 42 U.S.C. § 1988, can evaluate the degree of success achieved in the litigation by considering the damages awarded on the state law claim, even if the state law claim involves injuries suffered by different parties than the person whose constitutional rights were at issue in the 42 U.S.C. § 1983 claim.

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