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KIRKPATRICK v. CITY OF LOS ANGELES

No. 85-6289.

803 F.2d 485 (1986)

Gary KIRKPATRICK and Eric R. Hermann, Plaintiffs-Appellants, v. The CITY OF LOS ANGELES, Daryl F. Gates, Chief of Police, and Lt. John Aggas, individually and in their official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 24, 1986.

Attorney(s) appearing for the Case

Peter J. Ferguson (argued), Larry J. Roberts, Petersen & Ferguson, Santa Ana, Cal., for plaintiffs-appellants.

Robert Cramer, Asst. City Atty., Los Angeles, Cal., for defendants-appellees.

Before SCHROEDER and HALL, Circuit Judges, and HARDY, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiffs-appellants, Gary Kirkpatrick and Eric R. Hermann, former Los Angeles police officers ("the officers"), appeal from the district court's grant of summary judgment in favor of defendants-appellees, the City of Los Angeles, Chief of Police Daryl F. Gates, and Lieutenant John Aggas.

I

On March 13, 1981, while performing their regular duties for the Los Angeles Police Department, the officers responded to...

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