LISTON v. COUNTY OF RIVERSIDE

Nos. 94-56584, 94-56615.

120 F.3d 965 (1997)

Jimmy LISTON; Venice Liston; Danny Liston; Andrew Liston; Elishia Liston, minors, by and through their Guardian ad Litem, Jim Liston, Plaintiffs-Appellants-Cross-Appellees, v. COUNTY OF RIVERSIDE, a political subdivision of the State of California; David Pike; D. Podkowa, Defendants-Appellees, and Paul Amicone, Police Officer; Bart Belknap, Deputy; Gail Marianes, Deputy; John Powell, Deputy; Robert Pruitt; Danny Scaturro, Detective; Raymond Rucker, Lieutenant; Tom Mitchell, Police Officer; Darrell Reed, Police Officer, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1997.

As Amended October 9, 1997.


Attorney(s) appearing for the Case

Devonne L. Daley, Klass, Helman & Ross, Los Angeles, CA, for Plaintiffs-Appellants-Cross-Appellees.

Marcus M. Kerner, Assistant United States Attorney, Santa Ana, CA, for Defendant-Appellee David Pike.

Ann M. Maurer, Franscell, Strickland, Roberts & Lawrence, Pasadena, CA, for Defendants-Appellees-Cross-Appellants Paul Amicone, et al.

Before: REINHARDT, HALL and LEAVY, Circuit Judges.


Opinion by Judge REINHARDT and Judge HALL; Dissent by Judge REINHARDT.

REINHARDT, Circuit Judge (except as to Section B.3); CYNTHIA HOLCOMB HALL, Circuit Judge (as to Section B.3).

Early in the morning on March 29, 1991, law enforcement officers armed with a search warrant raided a small, single-story private residence at 8293 Saddlecreek Drive, Glen Avon, California. The intended target of the search was James "Rocky" Hill, whom investigators believed to...

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