CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE v. BUTTS

Nos. 97-56499, 97-56510.

195 F.3d 1039 (1999)

CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE; Criminal Courts Bar Association; James McNally; James Johnson Bey, Plaintiffs-Appellees, v. James T. BUTTS, City of Santa Monica Chief of Police; The City of Santa Monica; Ray H. Cooper; Shane Talbot, Defendants-Appellants, and Willie L. Williams, Chief of Police; City of Los Angeles; Raymond Bennett; Michael Crosby, Defendants. California Attorneys for Criminal Justice, Plaintiff, James McNally; James Johnson Bey, Plaintiffs-Appellees, v. James T. Butts, City of Santa Monica Chief of Police; The City of Santa Monica; Ray H. Cooper; Shane Talbot; City of Los Angeles, Defendants-Appellees, v. Raymond Bennett; Michael Crosby, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 1999.

As Amended on Denial of Rehearing and Rehearing January 8, 2000.


Attorney(s) appearing for the Case

Marsha Jones Moutrie, City Attorney, Barbara Greenstein, Deputy City Attorney, Santa Monica, California; Debra L. Gonzales, Deputy City Attorney, Los Angeles, California, for the defendants-appellants.

Charles D. Weisselberg, Victoria Wong (Law Student), Center for Clinical Education, University of California, Boalt Hall, Berkeley, California; Mark Rosenbaum, Taylor Flynn, Sophie-Anne Fanelli (Law Student), ACLU Foundation of Southern California, Los Angeles, California; Michael J. Brennan, Carrie L. Hempel, Denise Meyer, Jack R. Scharringhausen (Law Student), Post-Conviction Justice Project, University of Southern California Law School, Los Angeles, California, for the plaintiffs-appellees.

Joel E. Carey, Deputy Attorney General, Sacramento, California, for amicus State of California; Charles L. Hobson, Criminal Justice Legal Foundation, Sacramento, for amicus Criminal Justice Legal Foundation; Devallis Rutledge, Office of the District Attorney, Santa Ana, California, for amicus California Coalition of Law Enforcement Associations; William J. Hadden, Silver, Hadden & Silver, Santa Monica, California, for amici Peace Officers' Legal Research Association Legal Defense Fund, Santa Monica Police Officers' Association, Los Angeles Police Protective League; Dilan A. Esper, West Hollywood, California, National Association; Mark A. Borenstein, Tuttle & Taylor, Los Angeles, California, for amicus National Association of Criminal Defense Lawyers.

Before: CANBY, Jr. and THOMAS, Circuit Judges, and SCHWARZER, District Judge.


As Amended on Denial of Rehearing and Rehearing En Banc January 8, 2000.*

CANBY, Circuit Judge:

James McNally and James Bey, California state prisoners, joined in bringing this civil rights action against the cities of Los Angeles and Santa Monica, California, individual police officers and their respective Chiefs of Police. See 42 U.S.C. § 1983. McNally and Bey complain that they were the victims of a policy of the...

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