9th U.S. Circuit Court of Appeals
May 5, 2023
Rehearing after change in judge could flip circuit ruling
Arthur Hellman, professor emeritus at the University of Pittsburgh School of Law, said he thinks it is likely the panel will reverse its earlier decision. “If the panel thinks there’s a good chance it will reach a different result, it would be very inefficient for 29 [9th Circuit] judges to rehear the case,” he said in a phone interview.
A 9th U.S. Circuit Court of Appeals panel voted Thursday to grant rehearing of a ruling denying qualified immunity to a Los Angeles Police officer accused of unreasonable use of force when he shot and killed a man who was struggling with his partner during an arrest.
Attorneys for LAPD Officer Edward Agdeppa asked the court for en banc review. But the original three-judge panel, which includes a new member after the resignation of an Illin...
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