CABALLERO v. CITY OF CONCORD

No. 90-16089.

956 F.2d 204 (1992)

Philip CABALLERO, Plaintiff-Appellant, v. CITY OF CONCORD; Concord Police Dept.; R. Perryman; R. Maccaro, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1992.


Attorney(s) appearing for the Case

Matthew Haley, The Haley Law Offices, Oakland, Cal., for plaintiff-appellant.

Sandra Ford Mock, Sellar, Hazard, Snyder, Kelly & Fitzgerald, Walnut Creek, Cal., for defendants-appellees.

Before BOOCHEVER and NORRIS, Circuit Judges, and GILLIAM, District Judge.


WILLIAM A. NORRIS, Circuit Judge:

Louie Philip Caballero appeals from a judgment in favor of defendant-appellee R. Perryman, a Concord, California, police officer, finding that Officer Perryman was not liable under 42 U.S.C. § 1983 for false arrest in violation of the Fourth Amendment. We hold that the district court erred in instructing the jury that Officer Perryman could be found liable only if she specifically intended to violate Caballero's constitutional...

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