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GALLEGOS v. CITY OF LOS ANGELES

No. 01-56021.

308 F.3d 987 (2002)

Francisco GALLEGOS, Plaintiff-Appellant, v. CITY OF LOS ANGELES; Bernard Parks, individually and as Chief of Police; Young C. Honor, Officer; Mark Cohan, Officer; Waihong Wong, Sgt., all individually and as peace officers, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2002.

Attorney(s) appearing for the Case

Ellen Hammill Ellison, Los Angeles, CA, for the plaintiff-appellant.

Janet G. Bogigian, Deputy City Attorney, Los Angeles, CA, for the defendants-appellees.

Before: ALARCÓN, SILVERMAN, and RAWLINSON, Circuit Judges.

Opinion by Judge SILVERMAN; Dissent by Judge RAWLINSON.

SILVERMAN, Circuit Judge.

Responding to a 911 call and mistakenly believing Francisco Gallegos to be a burglary suspect, police pulled him over, ordered him out of his truck at gunpoint, handcuffed him, and placed him in the back of a patrol car. Police then brought Gallegos to the scene of the reported incident, where it was confirmed that he was not the suspect. He was returned to his truck and released...

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