ZIMMERMAN v. BISHOP ESTATE

Nos. 92-15794, 92-16408.

25 F.3d 784 (1994)

Robert Lee ZIMMERMAN, Plaintiff-Appellant, v. BISHOP ESTATE, a charitable trust; Bishop Estate Trustees William Richardson, Henry Peters, Oswald Stender, Myron Thompson and Matsuo Takabuki in their official capacities; Bishop Estate Trustees William Richardson, Henry Peters, Myron Thompson and Matsuo Takabuki individually; Elaine Dung and Paul Cathcart, in their capacities as employees of Bishop Estate and individually; Frank F. Fasi, in his capacity as Mayor of the City and County of Honolulu; City and County of Honolulu; Douglas Gibb, in his former capacity as Chief of Police of the Honolulu Police Department and individually; Peter Bertulfo, in his capacities as a Police Officer for the City and County of Honolulu and as a Caretaker for the Bishop Estate and individually; Tim Liu, in his capacity as a legal advisor to the Police Department of the City and County of Honolulu; James R. Aiona, Jr., in his former capacity as Head of the Trials Division of Corporation Counsel for the City and County of Honolulu and individually; Tedson Koja, Keith Kaneshiro and Charles Marsland, in their capacities and former capacity as Prosecutors for the City and County of Honolulu; Captain B. Correa, Lt. L. Wong, Sgts. W. Cambra, K. Luke and T. Hirayama and Officers G. Williams, G. Goeas, G. Nihipali, J. Keanu and G. Witt, in their official capacities as Police Officers and individually, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 31, 1994.


Attorney(s) appearing for the Case

Robert Zimmerman, in pro per.

Cheryl Nakamura, Rush Moore Craven Sutton Morry & Beh, Tracy Lowell Wolf, Deputy Corp. Counsel, City and County of Honolulu, Honolulu, Hawaii, for the defendants-appellees.

Before: REINHARDT, LEAVY, Circuit Judges, and MERHIGE, Jr., Senior District Judge.


Opinion by Judge LEAVY; Partial Concurrence and Partial Dissent by Judge REINHARDT.

OPINION

LEAVY, Circuit Judge:

FACTS AND PRIOR PROCEEDINGS

This case arose when the appellant, Robert Lee Zimmerman, was arrested for trespass while a house guest of the Kanes, who were squatters in a shack on property owned by the Bishop Estate of Hawaii. In early 1988, the Kanes moved onto the property. In March 1988, Mrs. Kane's father wrote to the Bishop...

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