The following excerpt is from Estate of Lopez v. Gelhaus, 871 F.3d 998 (9th Cir. 2017):
Next is Mendez v. County of Los Angeles , 815 F.3d 1178 (9th Cir. 2016), vacated and remanded , U.S. , 137 S.Ct. 1539, 198 L.Ed.2d 52 (2017). There, we sanctioned the use of deadly force where two officers barged into a shack and saw a man holding a gun. Id. at 1185. The deputies testified that the rifle was "pointed at them," and the district court found as a fact that the gun "was pointed at the deputies." Id. at 1185-86. Here, on the facts as we must regard them, a similar circumstance is not present.12
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