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FRUNZ v. CITY OF TACOMA

No. 05-35302.

468 F.3d 1141 (2006)

Susan FRUNZ, Plaintiff-Appellee, v. CITY OF TACOMA, a municipal corporation; Tacoma Police Department; Alan Morris, TPD Officer, in his individual capacity; Gary T. Stril, TPD Sergeant; David Alred, TPD Officer, in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2006.

Attorney(s) appearing for the Case

Jean P. Homan, Assistant City Attorney, Tacoma City Attorney's Office, Tacoma, WA, for defendants-appellants.

Hugh J. McGavick, Law Offices of Hugh J. McGavick, Olympia, WA, for plaintiff-appellee.

Before: KOZINSKI and FERNANDEZ, Circuit Judges, and CARNEY, District Judge.

KOZINSKI, Circuit Judge:

The facts are remarkable. Plaintiff, Susan Frunz, and her two guests were in Frunz's home in Tacoma, Washington, when police surrounded the house, broke down the back door and entered. The police had no warrant and had not announced their presence. Frunz first became aware of them when an officer accosted her in the kitchen and pointed his gun, bringing the barrel within two inches of her forehead. The police ordered or slammed the occupants...

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