Court of Appeals for the Ninth Circuit September 22, 2017, 16-15175 (Estate of Lopez Ex Rel. Lopez v. Gelhaus)

WALLACE, Circuit Judge,

dissenting:

The facts of this case are tragic. A boy lost his life—needlessly, as it turns out. We know now that he was carrying only a fake gun, albeit a realistic-looking one. Deputies Gelhaus and Schemmel therefore never were in any real danger and deadly force was not necessary.