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RINKER v. NAPA COUNTY

Nos. 85-1868, 85-1920, 85-2789 and 85-2813.

831 F.2d 829 (1987)

Steven A. RINKER, Plaintiff-Appellee-Cross-Appellant, v. COUNTY OF NAPA; City of Napa; City of Calistoga; City of St. Helena, and Randall Fitt, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1987.

Attorney(s) appearing for the Case

Stuart R. Mandel, Beverly Hills, Cal., for plaintiff-appellee-cross-appellant.

Donald T. Ramsey, San Francisco, Cal., for defendants-appellants-cross-appellees.

Before ANDERSON, ALARCON and HALL, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

This case arose out of a shooting which occurred on March 14, 1980, in which officer Randall Fitt of the Napa Special Investigations Bureau shot Steven Rinker in the face during a drug raid. A jury found appellants liable for battery and negligence and for violating 42 U.S.C. § 1983. Appellants moved for judgment notwithstanding the verdict ("JNOV") on the § 1983 violation. The district court denied the motion. We reverse...

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