EWING v. CITY OF STOCKTON

No. 08-15732.

588 F.3d 1218 (2009)

Heather Marie EWING; Mark Lee Ewing; Katelyn Joyner Ewing-Munnerlyn, a minor by and through her father Mark Lee Ewing; Rachel Marie Ewing, a minor by and through her parents Heather Marie Ewing and Mark Lee Ewing; Savannah Jailyn Ewing, a minor by and through her parents Heather Marie Ewing and Mark Lee Ewing, Plaintiffs-Appellants, v. CITY OF STOCKTON; John D. Phillips, District Attorney; Lester F. Fleming, Deputy District Attorney; William Jerome Hutto, individually and in his capacity as a City of Stockton Police Officer; Steven McCarthy, individually and in his capacity as a City of Stockton Police Officer; John J. Reyes, individually and in his capacity as a City of Stockton Police Officer, Defendants-Appellees, and State of California; County of San Joaquin, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2009.


Attorney(s) appearing for the Case

Terry Gross, San Francisco, CA, for the plaintiffs-appellants.

Shelley L. Green, Deputy City Attorney; Jason R. Morrish, Deputy County Counsel, Stockton, CA, for the defendants-appellees.

Before: PAMELA ANN RYMER and A. WALLACE TASHIMA, Circuit Judges, and LYNN S. ADELMAN, District Judge.


ADELMAN, District Judge:

DECISION

Plaintiffs-Appellants Mark and Heather Ewing and their minor children (collectively "the Ewings")1 filed a § 1983 action against the City of Stockton, California; Stockton police officers John Reyes, William Hutto and Steven McCarty (collectively "the officers" or the "officer-defendants"), and District Attorney John D. Phillips and Deputy District Attorney Lester Fleming, Jr. (collectively...

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