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POPPELL v. CITY OF SAN DIEGO

No. 96-56844.

149 F.3d 951 (1998)

Elbert B. POPPELL, Plaintiff-Appellee, v. CITY OF SAN DIEGO; Sharren Carr; Chris Larson; Donald Albright, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1998.

Attorney(s) appearing for the Case

Michael R. McGuinness, Deputy City Attorney, Office of City Attorney, San Diego, CA, for defendants-appellants.

Michael R. Marrinan, Law Offices of Adler & Marrinan, San Diego, CA, for plaintiff-appellee.

Before: WALLACE, TROTT and HAWKINS, Circuit Judges.

TROTT, Circuit Judge:

I

Overview

Elbert Poppell, the operator of a private membership nudist club, filed a civil rights action pursuant to 42 U.S.C. § 1983 coupled with supplemental state tort and constitutional claims against the City of San Diego and various of its employees. Poppell contended as the gravamen of his civil rights claims that Zoning Administrator Sharren Carr and the City of San Diego selectively, punitively, and maliciously...

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