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MARTIN v. CITY OF OCEANSIDE

No. 02-56177.

360 F.3d 1078 (2004)

Mark MARTIN, Plaintiff-Appellant, v. CITY OF OCEANSIDE; Shawn Kelly; Benjamin Ekeland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2004.

Attorney(s) appearing for the Case

James E. Dunn, San Diego, California, for the plaintiff-appellant.

Pamela J. Walls, Assistant City Attorney, Oceanside, California, for the defendants-appellees.

Before: Stephen S. TROTT, Johnnie B. Rawlinson, and Carlos T. Bea, Circuit Judges.

Submitted January 9, 2004.* Pasadena, California.

Opinion by Judge Trott.

OPINION

TROTT, Circuit Judge:

I

Overview

Mark Martin ("Martin") sued the City of Oceanside, California ("City") and police officers Shawn Kelly and Benjamin Ekeland ("officers") under 42 U.S.C. § 1983. He alleged that the officers violated his Fourth Amendment rights during an incident in which they entered...

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