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CURNOW v. RIDGECREST POLICE

No. 90-15314.

952 F.2d 321 (1991)

Kenneth Christopher CURNOW, a minor, by and through his guardian ad litem, Sandra CURNOW; Ken Curnow; Sheila Efflandt; Sandra Curnow, as administratrix of the estate of Steven Murray Curnow, deceased; Cris Curnow; and Sandra Curnow, as an individual, Plaintiffs-Appellees, v. The RIDGECREST POLICE, a municipal law enforcement agency; the City of Ridgecrest, a municipal corporation; the State of California, a sovereign state; the County of Kern, a municipal corporation; Edward John Luarca, a/k/a E.J. Luarca; Stephen Compton; Randy Gene Bias; Jeffrey Krueger; Kurt Fowler; Jerry Linenkugel; Garry Davis; Chris Davis; Bob Pratt; and Edward R. Jagels, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1991.

Attorney(s) appearing for the Case

Dorothy Crisp, Wayne K. Lemieux, Westlake Village, Cal., for defendants-appellants.

Carl K. Osborne, Los Angeles, Cal., and Elliott L. Aheroni, Encino, Cal., for plaintiffs-appellees.

Before ALARCON and RYMER, Circuit Judges, and McDONALD, District Judge.

McDONALD, District Judge:

Defendants appeal the district court's denial of their motion for summary judgment based upon qualified immunity. We affirm.

Plaintiffs-appellees, the estate of Steven Curnow, his parents, and his children, filed this action in the United States District Court for the Eastern District of California against the defendants-appellants, City of Ridgecrest police officers. The claims which are the subject of this appeal are brought pursuant...

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