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ACOSTA v. CITY AND COUNTY OF SAN FRANCISCO

No. 94-16272.

83 F.3d 1143 (1996)

Rudi ACOSTA; Alma Acosta, Plaintiffs-Appellants, v. CITY AND COUNTY OF SAN FRANCISCO; Daniel Yawczak, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1996.

As Amended June 18, 1996.

Attorney(s) appearing for the Case

Andrew C. Schwartz and Rachel Bernstein, Casper, Meadows & Schwartz, Walnut Creek, California; Richard Rosenstock (argued), Santa Fe, New Mexico, for the plaintiffs-appellants.

Kimon Manolius and Patrick J. Mahoney (argued), Deputy City Attorneys, San Francisco, California, for the defendants-appellees.

Before: GOODWIN and REINHARDT, Circuit Judges and KING, District Judge.

REINHARDT, Circuit Judge:

Plaintiffs Rudi and Alma Acosta whose 21 year-old son, Michael Acosta, was shot and killed by San Francisco Police Inspector Daniel Yawczak appeal the district court's judgment as a matter of law in favor of the defendants.

The Acostas sued the City and County of San Francisco, its police chief, and officer Yawczak, alleging causes of action under 42 U.S.C. § 1983 and California state law.1 The trial...

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