BUTLER v. SAN DIEGO DIST. ATTORNEY'S OFFICE

No. 02-57049.

370 F.3d 956 (2004)

Stacy BUTLER; Darryl Bradshaw, an individual; Clifton Cunningham, an individual; Edric Jordan, an individual; Kevin Tandard, an individual; Kyle Winters, an individual, Plaintiffs-Appellees, v. SAN DIEGO DISTRICT ATTORNEY'S OFFICE, a municipal sub-agency of the County of San Diego, Defendant, and Edward Cervantes, an individual, Defendant-Appellant. Stacy Butler; Darryl Bradshaw, an individual; Clifton Cunningham, an individual; Edric Jordan, an individual; Kevin Standard, an individual; Kyle Winters, an individual, Plaintiffs-Appellees, v. San Diego District Attorney's Office, a municipal sub-agency of the County of San Diego; Edward Cervantes, an individual; City of San Diego; San Diego Police Department; Jim Kelly, an individual, Defendants, and Keith Burt, an individual, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2004.


Attorney(s) appearing for the Case

Eugene G. Iredale, Douglas S. Gilliland, San Diego, CA, for the appellees.

John W. Wood, Wood & Wood, La Jolla, CA, for Appellant Edward Cervantes.

Morris G. Hill, Office of the County Counsel, San Diego, California, for Appellant Keith Burt.

Before: PREGERSON, COWEN, and W. FLETCHER, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

Plaintiffs are six black men who were tried in California state court for the felony-murder of a police officer who had been shot and killed while chasing a fleeing suspect through a San Diego park in 1988. Defendants-appellants are the prosecutor in the case, San Diego Deputy District Attorney Keith Burt, and his investigator, District Attorney Investigator Edward Cervantes. The trial took place in 1993-94. The star witness at...

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