Court of Appeals for the Ninth Circuit October 3, 1997, No. 95-56782 (Vera Cruz v. City of Escondido)

KOZINSKI, Circuit Judge.

We hold that deadly force under Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985), means force reasonably likely to kill.

I

1992 did not start well for Robert Vera Cruz. After drinking more than two six-packs of beer on New Year’s Day, he headed over ■to the local Del Taco restaurant.