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KATZ v. U.S.

No. 98-16298.

194 F.3d 962 (1999)

Elliot M. KATZ; In Defense of Animals, Plaintiffs-Appellees, v. UNITED STATES of America; Corbin Lee, Major; Brian O'Neill; Steven Parker, Sergeant; Glynn C. Mallory, Jr., General, Defendants; and Donald Saucier, Private, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 1999.

Attorney(s) appearing for the Case

R. Joseph Sher, Barbara L. Herwig and Edward Himmelfarb, United States Department of Justice, Washington, D.C., for the defendant-appellant.

David H. Williams and J. Kirk Boyd, Public Interest Lawyers Group, San Francisco, California, for the plaintiffs-appellees.

Before: THOMPSON and GRABER, Circuit Judges, and CARROLL, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Army Private Donald Saucier ("Saucier"), acting as a military police officer, arrested Elliot M. Katz ("Katz") during a public event at the San Francisco Presidio. Katz was holding up a sign when he was arrested. According to Katz, Saucier and another officer grabbed him, tore the sign out of his hands, dragged him fifty feet, and violently tossed him into a van. Katz brought a Bivens action against Saucier and others for violations...

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