No. 87-2165.

857 F.2d 638 (1988)

Phillipe Dell FARGO, Plaintiff-Appellant, v. CITY OF SAN JUAN BAUTISTA, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1988.

Attorney(s) appearing for the Case

Phillipe Dell Fargo, Represa, Cal., in pro per.

Allen F. Hunter, Gassett, Perry & Frank, San Jose, Cal., for defendants-appellees.

Before SKOPIL, REINHARDT and LEAVY, Circuit Judges.

REINHARDT, Circuit Judge:

Officer Richard Allerton of the City of San Juan Bautista Police Department shot Phillipe Fargo in the back while attempting to handcuff him. At the time Fargo was unarmed and lying on the ground motionless, on his stomach. Fargo sued Allerton under 42 U.S.C. § 1983, claiming a violation of his fourteenth amendment rights. He also sued the Police Chief, as well as the City of San Juan Bautista Police Department and the City of San Juan...

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