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TOMER v. GATES

No. 86-5771.

811 F.2d 1240 (1987)

James TOMER, Plaintiff-Appellee, v. Daryl GATES, Jerry Bova, Luis Lopez, Raymond Lombardo, Michael Ranshaw, and the City of Los Angeles, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1987.

Attorney(s) appearing for the Case

Stephen Yagman, Los Angeles, Cal., for plaintiff-appellee.

Richard M. Helgeson, Los Angeles, Cal., for defendants-appellants.

Before KENNEDY and O'SCANNLAIN, Circuit Judges, and WILKINS, District Judge.

PER CURIAM:

James Tomer, a Los Angeles Police Department (LAPD) officer, filed this civil rights action under 42 U.S.C. § 1983 against the City of Los Angeles, its Chief of Police, and several of his fellow officers alleging malicious prosecution and violation of fourth amendment rights, and asserting pendent state tort claims. All defendants raised qualified immunity as an affirmative defense which Tomer immediately moved to strike from their answers under Rule...

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