Nos. 01-56044, 01-56086.

329 F.3d 723 (2003)

Howard L. BINGHAM, Plaintiff-Appellee, v. CITY OF MANHATTAN BEACH; Ernest Klevesahl, Jr.; Hodgen Crossett; Does, 1-10, inclusive, Defendants, and Robert Schreiber, Defendant-Appellant. Howard L. Bingham, Plaintiff-Appellant, v. City of Manhattan Beach; Ernest Klevesahl, Jr., Defendants, and Robert Schreiber; Hodgen Crossett, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2003.

Attorney(s) appearing for the Case

David D. Lawrence, Franscell, Strickland, Roberts & Lawrence, Pasadena, CA, for the defendant-appellant-cross-appellee.

Howard R. Price, Brodey & Price, Beverly Hills, CA, for the plaintiff-appellee-cross-appellant.

Before: REINHARDT, TROTT, and TASHIMA, Circuit Judges.

Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge REINHARDT.


TASHIMA, Circuit Judge.

Howard Bingham was pulled over by Manhattan Beach Police Officer Robert Schreiber in the early morning hours of October 4, 1999. Schreiber alleges that Bingham was driving erratically. After Bingham showed Schreiber an expired driver's license, and a check of that license found an outstanding warrant for an individual with similar...

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