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HALVORSEN v. BAIRD

Nos. 95-35677, 95-35705.

146 F.3d 680 (1998)

Donald HALVORSEN, Jr., Plaintiff-Appellant, v. Lawrence BAIRD; Jeffrey Kaer; City of Portland; Central City Concern; Dick Endo; Aaron Beedle; Jeff Mitchell; Joe Brown, Defendants-Appellees. Donald HALVORSEN, Jr., Plaintiff-Appellee, v. Lawrence BAIRD; Jeffrey Kaer; City of Portland; Aaron Beedle; Dick Endo, Defendants, and Central City Concern; Jeff Mitchell; Joe Brown, Defendants-appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1998.

Attorney(s) appearing for the Case

Spencer M. Neal and Paul W. Dudley, Ginsburg, Neal & Lesage, Portland, Oregon, for plaintiff-appellant and cross-appellee Donald Halvorsen, Jr.

Harry Auerbach, City Attorney's Office, Portland, Oregon, for defendants-appellees Lawrence Baird, Jeffrey Kaer, and City of Portland.

John R. Osburn, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Oregon, for defendants-appellees and cross-appellants Central City Concern, Jeff Mitchell, and Joe Brown.

Before: CANBY, RYMER and KLEINFELD, Circuit Judges.

Opinion by Judge KLEINFELD; Partial Concurrence and Partial Dissent by Judge RYMER.

KLEINFELD, Circuit Judge.

This case involves several issues relating to brief civil confinement of intoxicated persons.

FACTS

An intruder had been in Mr. Halvorsen's neighbor's home, and had fled. The neighbor, Mr. Slack, had called the police. While awaiting their arrival, he and Mr. Halvorsen went outside to look for the intruder. Mr. Slack carried a shotgun...

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