COOPER v. DUPNIK

Nos. 88-15661, 88-15685.

963 F.2d 1220 (1992)

Michael COOPER, husband, in his own capacity and as parent of Abram and Adam Cooper, minors; Lidia Cooper, wife, in her own capacity and as parent of Abram Cooper and Adam Cooper, minors, Plaintiffs-Appellees, v. Clarence DUPNIK, Sheriff, Pima County; Tom Taylor, an employee of Pima County Sheriff's Department; Weaver Barkman, an employee of Pima County Sheriff's Department, Defendants-Appellants. Michael COOPER, husband, in his own capacity and as parent of Abram and Adam Cooper, minors; Lidia Cooper, wife, in her own capacity and as parent of Abram Cooper and Adam Cooper, minors, Plaintiffs-Appellees, v. Clarence DUPNIK, Sheriff, Pima County, Defendant, and City of Tucson; Tucson Police Department; Peter Ronstadt; Karen Wright; Gene Scott; Timothy O'Sullivan; Kay McCall, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 5, 1992.


Attorney(s) appearing for the Case

David L. Berkman, Murphy, Clausen & Goering, Tucson, Ariz., for defendant-appellant Barkman.

Michael P. Callahan, Deputy County Counsel, Tucson, Ariz., for defendants-appellants Dupnik and Taylor.

David B. Toone, Kimble, Gothreau & Nelson, Tucson, Ariz., for defendants-appellants Ronstadt and Wright.

Stephen M. Weiss, Karp, Stolkin & Weiss, Michael J. Bloom, Winton D. Woods, Tucson, Ariz., for plaintiffs-appellees.

Before: BROWNING, HUG, SCHROEDER, FLETCHER, ALARCON, POOLE, WIGGINS, BRUNETTI, THOMPSON, LEAVY, and TROTT, Circuit Judges.


TROTT, Circuit Judge:

"It is abiding truth that `[n]othing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.'"

Oregon v. Hass, 420 U.S. 714, 724-25, 95 S.Ct. 1215, 1222, 43 L.Ed.2d 570 (Brennan, J., dissenting (quoting Harris v. New York, 401 U.S. 222<...

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