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DEVEREAUX v. ABBEY

No. 97-35781.

263 F.3d 1070 (2001)

Robert DEVEREAUX, Plaintiff-Appellant, v. Timothy David ABBEY; Laurie Alexander; Kate Carrow; Linda Wood; Kenneth Badgley, in his official capacity as Chief of Police of the City of Wenatchee; Washington State Dept of Social and Health Services; Robert Ricardo Perez, Defendants-Appellees, and Earl Tilly, in his official capacity as Public Safety Commissioner for the City of Wenatchee; City of Wenatchee, a municipal corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2001.

Attorney(s) appearing for the Case

Steven C. Lacy, East Wenatchee, Washington, for the plaintiff-appellant.

Jeff Freimund, Assistant Attorney General, Olympia, Washington, for the defendants-appellees.

Before: Mary M. Schroeder, Chief Judge, and Harry Pregerson, Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, Thomas G. Nelson, Andrew J. Kleinfeld, A. Wallace Tashima, Sidney R. Thomas, Kim McLane Wardlaw, Richard A. Paez, and Johnnie B. Rawlinson, Circuit Judges.

Argued and Submitted March 20, 2001 — San Francisco, California.

Opinion by Judge TASHIMA; Concurrence by Judge FERNANDEZ; Partial Concurrence and Partial Dissent by Judge KLEINFELD.

TASHIMA, Circuit Judge:

Plaintiff Robert Devereaux brought suit in federal district court for alleged violations of his federal civil rights, and also on various state law grounds. The district court granted summary judgment...

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