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DURAN v. CITY OF DOUGLAS, ARIZ.

No. 89-15236.

904 F.2d 1372 (1990)

Ralph DURAN, husband; Alice Duran, wife, Plaintiffs-Appellees, v. CITY OF DOUGLAS, ARIZONA, a body politic; et al., Defendants, and Gilbert Aguilar, individually and as a police officer of the City of Douglas, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1990.

Attorney(s) appearing for the Case

Arthur C. Atonna, Douglas, Ariz., for defendant-appellant.

Tony K. Behrens, Sierra Vista, Ariz., for plaintiffs-appellees.

Before REINHARDT, BEEZER and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge:

Plaintiff Ralph Duran directed a series of expletives and an obscene hand gesture at defendant Gilbert Aguilar, a police officer. Officer Aguilar responded by detaining and arresting Duran, who, along with his wife, now brings this lawsuit for injuries he suffered during the incident.

I

In the late evening of November 18, 1987, Aguilar and another officer of the Douglas, Arizona, Police Department were dispatched to a downtown...

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