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ALEXANDER v. CITY AND COUNTY OF SAN FRANCISCO

No. 92-16751.

29 F.3d 1355 (1994)

Julia ALEXANDER, as executor of the estate of Henry O. Quade, Jr., deceased, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Frank Jordan, John Willett, Timothy Hettrich, Joaquin Santos, Matthew Castagnola, David Seid, Bernard Sullivan, Richard Lee, David Shinn, James Dachauer, Patrick White, Joseph Kennedy, Richard Heller, Steven Gough, Edward St. Andre, Nicholas Borthne, Richard Cunningham, Albert Chinn and Michael Lennon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1994.

Attorney(s) appearing for the Case

Monti J. Stegen and Peter Kagel, Kagel & Stegen, San Francisco, CA; Frank Worthington, Napa, CA, for plaintiff-appellant.

Jean S. Fraser, Deputy City Atty., San Francisco, CA, for defendants-appellees.

Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges.

Opinion by Judge FLETCHER; Concurrence by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge TROTT.

FLETCHER, Circuit Judge:

This civil rights action is brought by the executor of the estate of Henry Quade, who was shot dead in his home by San Francisco police officers. Plaintiff alleges that Quade's Fourth Amendment rights were violated (1) because the officers entered Quade's home for the purpose of arresting him, but had only an administrative...

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