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NELSON v. CITY OF IRVINE

No. 96-56813.

143 F.3d 1196 (1998)

David Scott NELSON; Mauricio Baez Fernandez, on behalf of themselves and on behalf of others similarly situated, Plaintiffs-Appellants, v. CITY OF IRVINE, Chief of Police Charles S. Brobeck, Officer Troy Gielesh, Officer Shirley Sumner, Officer Robert Landman, California Forensic Phlebotomy, Inc. Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1998.

Attorney(s) appearing for the Case

Jeffrey Wilens, Irvine, California, Barry T. Simons, Laguna Beach, California, for plaintiffs/appellants.

Jeffrey Wertheimer, Rutan & Tucker, LLP, Costa Mesa, California, for defendants/appellees.

Before: BOOCHEVER and KLEINFELD, Circuit Judges, and TANNER, District Judge.

BOOCHEVER, Circuit Judge:

David Nelson and Mauricio Fernandez, on behalf of themselves and others similarly situated (hereafter collectively "Nelson"), appeal from the district court's judgment on the pleadings in their 42 U.S.C. § 1983 action against the City of Irvine, its chief of police, and several individual officers (hereafter collectively "City of Irvine"), alleging that following their arrests for driving under...

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