LOLLI v. COUNTY OF ORANGE

No. 02-56309.

351 F.3d 410 (2003)

John Kenneth LOLLI, Plaintiff-Appellant, v. COUNTY OF ORANGE, a political subdivision of the State of California; Michael S. Carona, individually and as Sheriff of Orange County; John Rocky Hewitt, individually and in his official capacity (Assistant Sheriff); Toledo, individually and in his official capacity (Sheriff Sergeant) aka Doe 3; Meyer, individually and in his official capacity (Sheriff Sergeant) aka Doe 4; Walker, individually and in their official capacities (Sheriff Deputies) aka Doe 5-8; Baum, Deputy individually and in his official capacity aka Does 9-10; Finlay, Deputy individually and in his official capacity aka Does 5-8; Kent, Deputy individually and in his official capacity aka Does 5-8; Richards, Deputy individually and in his official capacity aka Does 5-8; Breaton, Deputy individually and in his official capacity aka Does 9-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2003.


Attorney(s) appearing for the Case

Robert L. Bastian, Jr., and Marina R. Dini, Law Offices of Bastian & Dini, Los Angeles, California, for the plaintiff-appellant.

Albert P. Ballog, Jr., and Daniel R. Sullivan, Sullivan, Struck & Ballog, L.L.P., Santa Ana, California, for the defendants-appellees.

Before Stephen REINHARDT, Diarmuid F. O'SCANNLAIN and Raymond C. FISHER, Circuit Judges.


Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN

OPINION

FISHER, Circuit Judge.

John Kenneth Lolli brought this 42 U.S.C. § 1983 case against Orange County and a number of the Orange County Sheriff's Department officers challenging his treatment in the Orange County Men's Jail in October 1999. He claims that the officers violated his federal constitutional rights and state law through the excessive force...

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