E.V. v. City of Covina — 9th Cir. (Aug 6, 2026)
The Ninth Circuit considers whether three Covina police officers have qualified immunity after fatally shooting Daniel Valdivia. Qualified immunity protects officers from civil liability unless they violated a clearly established constitutional right. The parties agree Valdivia pulled what appeared to be a handgun; they dispute its movement, when it left his hand, and what officers could perceive before and during the shots. The object was later identified as a BB gun. The panel later reversed the denial of immunity, finding the force reasonable even under the plaintiffs' version, and dismissed the City's appeal.
E.V. v. City of Covina (No. 25-7151) — U.S. Court of Appeals for the Ninth Circuit, argued August 6, 2026.
Sources
Argument audio — U.S. Court of Appeals for the Ninth Circuit (public domain, 17 U.S.C. § 105):https://cdn.ca9.uscourts.gov/datastore/media/2026/08/06/25-7151.mp3
Argument listing — U.S. Court of Appeals for the Ninth Circuit:https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=25-7151&hearingDate=2026-08-06
Argument video — Ninth Circuit official YouTube channel:https://www.youtube.com/watch?v=Gif8-slblC8
Memorandum disposition — Ninth Circuit:https://cdn.ca9.uscourts.gov/datastore/memoranda/2026/08/12/25-7151.pdf
Investigation report — California Department of Justice:https://oag.ca.gov/system/files/ois/report/2024_08_Valdivia_AB1506_Report.pdf
Report release — California Department of Justice:https://oag.ca.gov/news/press-releases/california-department-justice-releases-report-officer-involved-shooting-daniel-0
Appellate docket — Justia:https://dockets.justia.com/docket/circuit-courts/ca9/25-7151
District-court docket — Justia:https://dockets.justia.com/docket/california/cacdce/5%3A2023cv01562/894044
Benjamin S. Levine — State Bar of California:https://apps.calbar.ca.gov/attorney/Licensee/Detail/342060
Benjamin Levine counsel filing — C.D. Cal. (Justia copy):https://cases.justia.com/federal/district-courts/california/cacdce/5%3A2025cv01541/975399/18/0.pdf
Appellate jurisdiction outline — Ninth Circuit:https://cdn.ca9.uscourts.gov/datastore/uploads/guides/appellate_jurisdiction_outline/Appellate%20Jurisdiction%20Outline%2012.09%20-%20no%20links.htm
Published-opinion search — Ninth Circuit:https://www.ca9.uscourts.gov/opinions/
Memorandum-disposition search — Ninth Circuit:https://www.ca9.uscourts.gov/decisions/memoranda/
- 0:00Introduction
- 1:07Counsel for the officers
- 14:31Benjamin S. Levine