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PAINE v. CITY OF LOMPOC

No. 96-55942.

160 F.3d 562 (1998)

Shannon PAINE, Plaintiff-Appellant, v. CITY OF LOMPOC, a municipality; Daniel P. Ast, individually and as a peace officer; Timothy E. Tietjen, individually and as a peace officer; R.O. Herbert, individually and as Chief of Police; City Of Pismo Beach, a municipality; Michael J. Lynch, individually and as a peace officer; L. Scott Smith, individually and as a peace officer; John Derohan, individually and as a peace officer; Michael Leitcher, individually and as a peace officer; Julie Carroll individually and as a peace officer; Robert W. Jones, individually and as a peace officer; Unknown Leong, individually and as a peace officer; Unknown Petetit, Investigator, individually and as a peace officer; Unknown Keesling, Sergeant; individually and as a peace officer; Brook McMahon, individually and as a Chief of Police, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1998.

Attorney(s) appearing for the Case

Thomas E. Beck, Law Offices of Thomas E. Beck and Associates, Los Angeles, CA, for plaintiff-appellant.

Colin L. Pearce, Hatch and Parent, Santa Barbara, CA, for defendants-appellees City of Pismo Beach, Michael Lynch, L. Scott Smith, John DeRohan, Michael Leitcher, Julie Carroll, Brook McMahon, James Leong, Robert Petetit and Jerry Keesling.

David L. Nye, Carrington & Nye, Santa Barbara, CA, for defendants-appellees City of Lompoc, Daniel Ast, Timothy Tietjen and Robert Herbert.

Eric J. Parkinson, Parkinson & Haddad, San Luis Obispo, CA, for defendant-appellee Robert Jones.

Before: WIGGINS and KLEINFELD, Circuit Judges, and SMITH District Judge.

KLEINFELD, Circuit Judge:

This is a civil suit arising out of a claim of police brutality. Though there are others, the main issue is adequacy of the voir dire.

Facts

Paine's 42 U.S.C. § 1983 case went to jury trial. The events had occurred on a July 4 evening at Pismo Beach Pier, after a fireworks display. The jury trial lasted 5½ weeks.

According to the witnesses for the police officers and municipalities that were sued, they...

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