No. 99-56347.

265 F.3d 975 (2001)

Shannon PAINE, Plaintiff-Appellee, v. CITY OF LOMPOC, Defendant, and Daniel P. Ast, individually and as a peace officer; Timothy E. Tietjen, individually and as a peace officer, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2001.

Attorney(s) appearing for the Case

Karen K. Peabody, Carrington & Nye, Santa Barbara, California, for the defendants-appellants.

Thomas E. Beck, Los Angeles, California, for the plaintiff-appellee.

Before: TROTT, THOMAS and BERZON, Circuit Judges.

BERZON, Circuit Judge:

Shannon Paine was arrested on July 4, 1993, in Pismo Beach, California, by police officers from the Cities of Pismo Beach and Lompoc. He was charged with resisting arrest and with battery on a police officer. The prosecutor later dropped the charges.

In a § 1983 suit against the municipalities and several individual police officers ("Paine I"), Paine claimed that he was subjected to excessive force during the arrest. In particular...

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