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BAILEY v. COUNTY OF RIVERSIDE

Nos. 03-56545, 03-57107.

414 F.3d 1023 (2005)

Ronald O. BAILEY, M.D., Plaintiff-Appellee, v. COUNTY OF RIVERSIDE; Larry Smith, Riverside County Sheriff, an individual; Frank Tiburzio, Riverside County Sheriff's Deputy, an individual; Gary Colbert, Riverside County Sheriff's Deputy, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2005.

Attorney(s) appearing for the Case

Christopher D. Lockwood, Arias, Lockwood & Gray, San Bernardino, CA, and Bruce E. Disenhouse, Kinkle, Rodiger & Spriggs, Riverside, CA, for the defendants-appellants.

William S. Hulsy, Santa Ana, CA, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, PREGERSON, and TROTT, Circuit Judges.

SCHROEDER, Chief Judge:

This is an appeal from a verdict and an award of attorneys' fees in an action for excessive force under 42 U.S.C. § 1983 and for negligence under California state law. The case arises from an episode in which the defendants, County of Riverside deputy sheriffs Frank Tiburzio and Gary Colbert, forcibly ejected the plaintiff, Ronald O. Bailey, from an adult bookstore and arrested him.

The principal issue on the merits relates to...

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