CUNNINGHAM v. GATES

Nos. 98-55108, 98-55208, 98-55855, 98-56077, 98-56081 and 99-55136.

229 F.3d 1271 (2000)

Robert CUNNINGHAM; Armand Soly, in his individual capacity & as successor in interest to his deceased son, Daniel Soly, & in his capacity as a representative of the classes described fully hereinbelow; Betty Soly, in her individual capacity & as successor in interest to her deceased son, Daniel Soly, & in her capacity as a representative of the classes described fully hereinbelow, Plaintiffs-Appellees, v. Daryl GATES, Defendant, William L. Williams; Richard Alarcon; Richard Alatorre; Hal Bernson; Marvin Braude; Laura Chick; John Ferraro; Michael Feuer; Ruth Galanter; Jackie Goldberg; Michael Hernandez; Nate Holden; Mark Ridley-Thomas; Rudy Svornich; Joel Wachs; Rita Walters; Herbert Boeckmann; Raymond Fisher; Deirdre Hill; Art Mattox; Edith Perez; Gary Greenbaum; Enrique Hernandez; Mary Burwell-Cooper; Janet G. Bogigian; Ellen M. Fawls; Michael K. Fox; James K. Hahn; Katherine J. Hamilton; Richard M. Helgeson; Thomas C. Hokinson; Stuart D. Hotchkiss; Annette Keller; Lenore Lashley; Honey A. Lewis; Ward G. McConnell; John T. Neville; James H. Pearson; Robert J. Pulone; Phllip Shiner; Phillip J. Sugar; Flora Trostler; Don W. Vincent, II; G. Daniel Woodard; Joseph Callian; Brian Davis; Joseph Freia; Edward Guiza; James Harris; Richard Spelman; James Tippings; John Tortorici; Lawrence Winston; Phillip James Wixon; Gary Zerby; Richard Zierenberg; Tayo Popoola; Jerry Brooks; John D. White; Dennis Conte; Gregory Berg; Randolph Mancini; John Trundle; Robert Rochhoft; Daniel Koenig, Defendants-Appellants. Robert Cunningham; Armand Soly, in his individual capacity & as successor in interest to his deceased son, Daniel Soly, & in his capacity as a representative of the classes described fully hereinbelow; Betty Soly, in her individual capacity & as successor in interest to her deceased son, Daniel Soly, & in her capacity as a representative of the classes described fully hereinbelow, Plaintiffs-Appellees, v. Daryl Gates, Defendant, City of Los Angeles; William L. Williams; John Helms; Joseph Callian; Brian Davis; Joseph Freia; Edward Guiza; James Harris; Richard Spelman; James Tippings; John Tortorici; Lawrence Winston; Phillip James Wixon; Gary Zerby; Richard Zierenberg; Jerry Brooks; John D. White; Gregory Berg; John Trundle; Robert Rochhoft; Daniel Koenig, Defendants-Appellants. Grover Smith, Plaintiff-Appellee, v. Daryl Gates, Defendant, Richard Alatorre; Hal Bernson; Laura Chick; Michael Feuer; Michael Hernandez; Mark Ridley-Thomas; Joel Wachs; Rita Walters; Raymond Fisher; Art Mattox, Defendants-Appellants. Robert Cunningham; Armand Soly, in his individual capacity & as successor in interest to his deceased son, Daniel Soly, & in his capacity as a representative of the classes described fully hereinbelow; Betty Soly, in her individual capacity & as successor in interest to her deceased son, Daniel Soly, & in her capacity as a representative of the classes described fully hereinbelow; Grover Smith; G. Nicoletti; D. Lyons; Michael Smith, Plaintiffs-Appellees, v. Daryl Gates, Defendant, William L. Williams; John Helms; Brian Davis; Joseph Freia; Richard Spelman; Lawrence Winston; Phillip James Wixon; Richard Zierenberg, Defendants-Appellants. Grover Smith; Unknown, Fifty Unknown Named Plaintiffs, all in their capacities as representatives of the classes described fully hereinbelow; Doe Alpha, in his/her capacity as a representative of the class described fully hereinbelow; Roe Beta, in his/her capacity as a representative of the class described fully hereinbelow, Plaintiffs-Appellees, v. Daryl Gates, Defendant, James K. Hahn; Thomas C. Hokinson; Annette Keller; James H. Pearson; Don W. Vincent, II; G. Daniel Woodard, Defendants-Appellants. Grover Smith; Unknown, 50 Unknown Named Plaintiffs all in their individual capacities and all in their capacities as representatives of the classes described fully hereinbelow; Doe Alpha, in his/her capacity as a representative of the class described fully hereinbelow; Roe Beta, in his/her capacity as a representative of the class described fully hereinbelow, Plaintiffs-Appellees, v. Daniel Koenig; James Tippings; James Toma; Charlie Bennett; Rodney Rodriguez; Gary Holbrook; John Fruge; James Harris; Robert Kraus; James Kilgore; Angela Dumler, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2000.

As Amended October 31, 2000.


Attorney(s) appearing for the Case

Lisa S. Berger, Deputy City Attorney, Los Angeles, California, and Louis R. Miller, Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, for the defendants-appellants.

Stephen Yagman (argued), Marion R. Yagman, Joesph Reichmann, Kathryn S. Bloomfield, Yagman & Yagman, Venice Beach, California, Richard H. Millard, Los Angeles, California, for the plaintiffs-appellees.

Before: Michael Daly HAWKINS, Frank MAGILL, and Sidney R. THOMAS, Circuit Judges.


Argued and Submitted February 9, 2000 — Pasadena, California.

MAGILL, Senior Circuit Judge:

This consolidated appeal requires us to decide whether certain Los Angeles city officials are entitled to qualified immunity from suits initiated by several alleged victims of excessive force by the Los Angeles Police Department (LAPD). In three separate lawsuits, Robert Cunningham, Grover Smith, and the parents of Daniel Soly,2 sued...

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