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BREWER v. CITY OF NAPA

No. 98-16460.

210 F.3d 1093 (2000)

Paul Kevin BREWER, Plaintiff-Appellant, v. CITY OF NAPA; Napa Police Department; Medlar, Officer; Deputy Sheriff Perry, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2000.

Attorney(s) appearing for the Case

Robert Mann, Donald W. Cook (argued), Los Angeles, California, for the plaintiff-appellant.

Thomas B. Brown, David C. Jones (argued), Napa, California, for the defendants-appellees.

Before: O'SCANNLAIN, RYMER, and W. FLETCHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether prior convictions based on nolo contendere pleas can be admitted into evidence for impeachment purposes. We must also determine, in this federal civil rights action alleging excessive force through the City's use of a police dog, whether the district court was required to instruct the jury as to alternatives to the use of force or the existence of probable cause to believe that the plaintiff was armed.

I...

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