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FISHER v. CITY OF SAN JOSE

No. 04-16095.

475 F.3d 1049 (2007)

Steven FISHER, Plaintiff-Appellee, and Sandra Fisher, Plaintiff, v. CITY OF SAN JOSE, Defendant-Appellant, and City of San Jose Police 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 January 16, 2007.

Attorney(s) appearing for the Case

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

Donald E.J. Kilmer, Jr., San Jose, California, 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.

BERZON, Circuit Judge.

Steven Fisher claims constitutional violations stemming from a twelve-hour standoff at his apartment between him and a large number of San Jose police officers, at the end of which he came out of the apartment and submitted to arrest. He sued the city of San Jose (the City) and several officers under 42 U.S.C. § 1983, contending, among...

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