Court of Appeals for the Ninth Circuit April 17, 2001, 99-16974 (Justin Terrance Monroe v. City of Phoenix, Arizona Donald Sherrard, Husband Jane Doe Sherrard, Wife)

McKEOWN, Circuit Judge:

The primary issue in this police-shooting case is whether the district court erred by giving the jury an excessive force instruction rather than a deadly force instruction pursuant to

Tennessee v. Garner,

471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). Justin Monroe brought suit against Sgt.