Phillips family to appeal

The family of Desmond Phillips intends to appeal a judge’s decision last month dismissing a lawsuit brought against the city of Chico over Phillips’ shooting death by police (see “Phillips case dismissed,” Downstroke, Aug. 1). Officers fatally shot Phillips, 25, during a mental health crisis on March 17, 2017.

Attorneys for the family filed a notice last Wednesday (Aug. 21) in U.S. District Court in Sacramento indicating they are appealing to the 9th U.S. Circuit Court of Appeals.

Benjamin Nisenbaum, a civil rights attorney at the high-profile John L. Burris law firm in Oakland, previously told the CN&R it seemed Judge John A. Mendez “reached too far” by granting a city motion for summary judgment, resulting in the case’s dismissal before trial.