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CHOI v. GASTON

No. 98-56854.

220 F.3d 1010 (2000)

Yong Ho CHOI, Plaintiff-Appellant, v. Randall GASTON, Anaheim Chief of Police; City of Anaheim; D.O. Helmick, California Highway Patrol Commissioner, sued only in his individual capacity; California Highway Patrol, Fifty Unknown Named Officers and/or employees; Mark Brucks, Anaheim Police Officer; Christopher Marshall, Anaheim Police Officer; Bryan Santy, Anaheim Police Officer; Bradley Thurman, Anaheim Police Officer; Frank Harris, Anaheim Police Officer; Joe Reiss, Lt., Anaheim Police Officer; David Davis, Anaheim Police Officer; Brian Carrion, Anaheim Police Officer; David Comstock, Anaheim Police Officer; Ron C. Brame, CHP Officer; William Long, CHP Officer; Sterling Sechrist, CHP Officer; Jose Diaz, CHP Officer; Anne Johnston, CHP Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2000

Attorney(s) appearing for the Case

Marion R. Yagman, Yagman & Yagman, P.C., Venice, California, for the appellant.

Mark S. Gordon (briefed & argued), Deputy City Attorney, Jack L. White, City Attorney, Anaheim, California for appellees City of Anaheim, Gaston, Brucks, Marshall, Santy, Thurman, Harris, Reiss, Davis, Carrion and Comstock.

Leonard Pape (briefed & argued), Deputy Attorney General, Attorney General of the State of California, Los Angeles, California, for appellees Helmick, Brame, Sechrist, Long, Johnston and Diaz.

Before: BROWNING, NOONAN, and SILVERMAN, Circuit Judges.

Per Curiam Opinion; Concurrence by Judge Noonan

OPINION1

PER CURIAM:

This is an appeal from summary judgment. We affirm in part and reverse in part.

Choi sued defendants for various violations of his constitutional and statutory rights arising from defendants' actions in detaining and arresting him during their search for a suspect in the shooting of an officer of the California Highway Patrol (CHP).

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