JOHNSON v. CITY OF SEATTLE

No. 05-35319.

474 F.3d 634 (2007)

Michael Alan JOHNSON; Jesse Wilson, Jr., Allison Wilson, Husband and Wife; Summer Thuney; Jessica Arnold; Adam Lazara; Ralph Radford; Stacey E. Smith; Howard Jensen; Kai A. Ralls; Christopher J. Shirley, Plaintiffs-Appellants, v. CITY OF SEATTLE, a municipal corporation; Paul Schell, former Mayor; R. Gil Kerlikowske, Chief of Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2007.


Attorney(s) appearing for the Case

Michael E. Withey and Karen K. Koehler, Stritmatter Kessler Whelan Withey Coluccio, Seattle, WA, for the plaintiffs-appellants.

Ted Buck, Scott Bissell, Raul Martinez and Anne Melani Bremner, Stafford Frey Cooper, Seattle, WA, for the defendants-appellees.

Before: ARTHUR L. ALARCÓN, PAMELA ANN RYMER, and MARSHA S. BERZON, Circuit Judges.


ALARCÓN, Circuit Judge.

Michael A. Johnson and ten other persons (collectively the "Pioneer Square Plaintiffs") appeal from the district court's order granting summary judgment in favor of the City of Seattle, Paul Schell (former Mayor of Seattle), and R. Gil Kerlikowske (Chief of the Seattle Police Department) (collectively "Defendants"). The Pioneer Square Plaintiffs contend that the district court erred in dismissing their 42 U.S.C. § 1983 claim because...

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