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U.S. v. REESE

Nos. 91-10360 to 91-10362 and 91-10422.

2 F.3d 870 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Dale REESE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Scott Matthew DWYER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Daniel Wayne BROUSSARD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Larry Marcel HOUSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1993.

Attorney(s) appearing for the Case

Victoria C. Belco, Berkeley, CA, for defendant-appellant Reese.

Michael A. Levy, Berkeley, CA, for defendant-appellant Dwyer.

J. Frank McCabe, Goorjian & McCabe, San Francisco, CA, for defendant-appellant Broussard.

George C. Boisseau, Santa Rosa, CA, for defendant-appellant Houston.

Albert S. Glenn, Asst. U.S. Atty., San Francisco, CA, for plaintiff-appellee.

Before: GOODWIN, O'SCANNLAIN, and RYMER, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

A jury convicted appellants of federal civil rights crimes stemming from their actions as Oakland Housing Authority police officers. Their appeals raise a number of difficult questions, among them certain matters of first impression. We are required to decide what the government must prove to convict a law enforcement officer of depriving an individual of his federal constitutional right to be free of excessive force during detention or...

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