FISHER v. CITY OF SAN JOSE

No. 04-16095.

509 F.3d 952 (2007)

Steven FISHER, Plaintiff-Appellee, and Sandra Fisher, Plaintiff, v. CITY OF SAN JOSE, Defendant-Appellant, and City of San Jose Police Opinion Department; Officer Boler; Officer Barnett; Officer Correa; Officer Esquivel; Officer Honda; Officer Kinsworthy; Officer O'Brien; Officer Ryan; Officer Nguyen, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2007.


Attorney(s) appearing for the Case

Clifford S. Greenberg, Senior Deputy City Attorney, San Jose, CA, for defendant-appellant City of San Jose.

Donald E.J. Kilmer, Jr., San Jose, CA, for plaintiff-appellee Steven Fisher.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and CONSUELO M. CALLAHAN, Circuit Judges.


Opinion by Judge BERZON; Dissent by Judge CALLAHAN.

ORDER

The opinion filed on January 16, 2007 is hereby withdrawn and replaced by this concurrently filed opinion. The pending petition for rehearing en banc is denied as moot. The parties may file new petitions for rehearing.

OPINION

BERZON, Circuit Judge:

Steven Fisher claims constitutional violations stemming from a twelve-hour standoff at his apartment between him and a large...

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