Court of Appeals for the Ninth Circuit November 6, 2003, No. 02-15273; D.C. No. CV-98-02211-WBS (Torres v. Runyon)

MEMORANDUM**

Correctional officer Lawrence Runyon (“Runyon”) shot and killed inmate Solomon Eli Torres a.k.a. David Solomon Torres (“Torres”) from an observation tower during a prison yard melee between two prison gangs involving eighteen inmates of California’s High Desert State Prison.