GILKER v. BAKER

No. 76-2441.

576 F.2d 245 (1978)

John R. GILKER, Appellant, v. Duane BAKER, Robert Doom and Albert Marinello, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

June 7, 1978.


Attorney(s) appearing for the Case

Thomas J. Koerber (argued), Van Nuys, Cal., for appellant.

Thomas J. Feeley (argued), Burbank, Cal., for appellees.

Before GOODWIN, WALLACE, and HUG, Circuit Judges.


GOODWIN, Circuit Judge:

Plaintiff appeals the dismissal of his 42 U.S.C. § 1983 damages-action at the close of the plaintiff's evidence.

We must decide whether Gilker's evidence raised a jury issue, and, if so, what defenses may be asserted.

Gilker claimed that defendant police officers acting under color of law denied him his constitutional rights by illegally arresting him. To prevail, such a plaintiff must show that the arrest was without warrant...

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