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DAVIS v. MASON COUNTY

Nos. 88-3947, 88-4394 and 88-3951.

927 F.2d 1473 (1991)

John DAVIS; Wayne Broughton, a minor, through his guardian and mother Sharon Broughton; Doug Durbin; Ed Rodius, and Don Taylor, Plaintiffs-Appellees-Cross-Appellants, v. MASON COUNTY; Mason County Sheriff's Department; Pete Cribben, in his capacity as a Mason County Deputy Sheriff and as an individual; Jack Gardner, in his capacity as a Mason County Deputy Sheriff and as an individual; Susan Gardner, his wife, and the martial community composed thereof; Garry Ohlde, in his capacity as a Mason County Deputy Sheriff and as an individual; Doug Quantz, in his capacity as a Mason County Deputy Sheriff and as an individual, and; Ray Sowers, in his capacity as a Mason County Deputy Sheriff and as an individual, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Resubmitted December 13, 1989.

Decided March 12, 1991.

As Amended May 6, 1991.

As Amended June 6, 1991.

Attorney(s) appearing for the Case

Nancy K. McCoid, Merrick, Hofstedt and Lindsey, Seattle, Wash., for defendants-appellants.

Timothy K. Ford, Kathleen Wareham, MacDonald, Hoague & Bayless, Seattle, Wash., Robert Wilson-Hoss, Hoss & Wilson-Hoss, Shelton, Wash., for plaintiffs-appellees.

Before WALLACE, Chief Judge, PREGERSON and NELSON, Circuit Judges.

PREGERSON, Circuit Judge:

Mason County, its sheriff and several deputies appeal from a jury verdict finding them liable under 42 U.S.C. § 1983 for damages for excessive force used while arresting citizens in four separate incidents. We affirm the jury verdict and find municipal liability of Mason County and the Sheriff's Department.

BACKGROUND

Each of the plaintiffs-appellees' complaints arose out of traffic stops which resulted in arrests,...

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