WARD v. CITY OF SAN JOSE

Nos. 90-15077, 90-15121, 90-15166, 90-15846 and 90-15848.

967 F.2d 280 (1991)

John WARD, individually and as Administrator of the Estate of Anton Ward; Helen Ward; Helen Ward Tucker; Betty Ward Fisher; Jean Ward Thompson; Lillie Ward Manns, Plaintiffs-Appellees, v. CITY OF SAN JOSE, a municipal corporation; Joseph D. McNamara, individually and as Chief of San Jose Police Department, Defendants, and Richard Vasquez, individually and as police officer of the City of San Jose; James Rodrigues, individually and as police officer of the City of San Jose; Humberto Renteria, individually and as volunteer reserve police officer of the City of San Jose, Defendants-Appellants. John WARD, individually and as Administrator of the Estate of Anton Ward; Helen Ward; Helen Ward Tucker; Betty Ward Fisher; Jean Ward Thompson; Lillie Ward Manns; Sabrina Ward, minor, Plaintiffs-Appellants, v. CITY OF SAN JOSE, a municipal corporation; Joseph D. McNamara, individually and as Chief of San Jose Police Department; Richard Vasquez, individually and as police officer of the City of San Jose; Humberto Renteria, individually and as volunteer reserve police officer of the City of San Jose, Defendants-Appellees. John WARD, individually and as Administrator of the Estate of Anton Ward, Plaintiff, and Delissa WARD, guardian ad litem of minor Sabrina Ward; Sabrina Ward, minor, Plaintiffs-Appellants, v. CITY OF SAN JOSE, a municipal corporation; Richard Vasquez, individually and as police officer of the City of San Jose; James Rodrigues, individually and as police officer of the City of San Jose; Humberto Renteria, individually and as volunteer reserve police officer of the City of San Jose, Defendants-Appellees. John WARD, individually and as Administrator of the Estate of Anton Ward; Helen Ward; Helen Ward Tucker; Betty Ward Fisher; Jean Ward Thompson; Lillie Ward Manns, Plaintiffs-Appellees, v. CITY OF SAN JOSE, a municipal corporation, Defendant, and Richard Vasquez, individually and as police officer of the City of San Jose; James Rodrigues, individually and as police officer of the City of San Jose; Humberto Renteria, individually and as volunteer reserve police officer of the City of San Jose, Defendants-Appellants. John WARD, individually and as Administrator of the Estate of Anton Ward; Helen Ward; Helen Ward Tucker; Betty Ward Fisher; Jean Ward Thompson; Lillie Ward Manns, Plaintiffs-Appellees, v. CITY OF SAN JOSE, a municipal corporation; Joseph D. McNamara, individually and as Chief of San Jose Police Department; Richard Vasquez, individually and as police officer of the City of San Jose; James Rodrigues, individually and as police officer of the City of San Jose; Humberto Renteria, individually and as volunteer reserve police officer of the City of San Jose, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1991.

As Amended on Denial of Rehearing and Rehearing June 16, 1992.


Attorney(s) appearing for the Case

Ralph C. Greene, Chief Trial Atty. and David K. Huskey, Sr. Deputy City Atty., Office of the City Attorney, San Jose, Cal., for defendants-appellants-cross-appellees.

William B. Chapman, Mark A. White, and David Nied, of Rogers, Joseph, O'Donnell & Quinn, San Francisco, Cal., M. Jean Starcevich, San Jose, Cal., for plaintiffs-appellees-cross-appellants.

Before WALLACE, Chief Judge, GOODWIN and FLETCHER, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc June 16, 1992.

ORDER

The opinion filed in the above case on November 4, 1991, is amended as follows:

[Editor's Note: These amendments have been incorporated in the published opinion.]

With the above amendments, the panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the...

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