HARRIS v. CITY OF ROSEBURG

No. 80-3027.

664 F.2d 1121 (1981)

Jack HARRIS, II, Plaintiff-Appellant, v. CITY OF ROSEBURG, municipal corporation, John Miller and Les Bergman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1981.


Attorney(s) appearing for the Case

James A. Arneson, Arneson & Wales, Roseburg, Or., for plaintiff-appellant.

Robert E. Franz, Jr., Eugene, Or., for defendants-appellees.

Before SCHROEDER and NELSON, Circuit Judges, and JAMESON, District Judge.


JAMESON, District Judge:

Defendant-appellee Bergman, a police officer of the City of Roseburg, was present at an illegal repossession by a creditor of a semi-tractor purchased under contract by plaintiff-appellant, Jack Harris. The district court granted summary judgment in favor of Bergman and the City of Roseburg, holding that Bergman could not be held liable for an alleged deprivation of appellant's constitutional rights under 42 U.S.C. § 1983, because the...

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