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ROBINSON v. SOLANO COUNTY

No. 99-15225.

278 F.3d 1007 (2002)

James F. ROBINSON, Plaintiff-Appellant, v. SOLANO COUNTY; Brian Cauwells, Solano County Sheriff's Deputy officer; Gary Faulkner, Solano County Sheriff's Deputy Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

En Banc Argument March 22, 2001.

Submission Deferred April 23, 2001.

Resubmitted September 26, 2001.

Filed February 4, 2002.

Attorney(s) appearing for the Case

William M. Simpich, Oakland, CA, for the plaintiff-appellant.

Terence J. Cassidy, Porter, Scott, Weibert & Delehant, Sacramento, CA, for the defendants-appellees.

Before: SCHROEDER, Chief Judge, and HUG, B. FLETCHER, CANBY, REINHARDT, FERNANDEZ, RYMER, T.G. NELSON, KLEINFELD, GOULD, and PAEZ, Circuit Judges.

Opinion by Chief Judge SCHROEDER; Concurrence by Judge FERNANDEZ.

SCHROEDER, Chief Judge.

We took this case en banc in order to clarify the law of the circuit regarding excessive force that violates the Fourth Amendment's protections against unreasonable searches and seizures, and to clarify the law of the circuit on the scope of qualified immunity for excessive force claims. The case arises out of a police seizure at gunpoint of an apparently unarmed individual...

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