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RODIS v. CITY AND COUNTY OF SAN FRANCISCO

No. 05-15522.

499 F.3d 1094 (2007)

Rodel E. RODIS, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO, a municipality; Liddicoet, Officer, San Francisco Police Officer; Barry, Sergeant, San Francisco Police Sergeant; Alex Fagan, San Francisco Police Chief, Defendants-Appellants, and San Francisco Police Department, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2007.

Attorney(s) appearing for the Case

Scott D. Wiener of San Francisco, CA, briefed and argued for the defendants-appellants.

Lawrence W. Fasano, Jr. of San Francisco, CA, briefed and argued for the plaintiff-appellee.

Before: D.W. NELSON and CONSUELO M. CALLAHAN, Circuit Judges, and CORMAC J. CARNEY, District Judge.

D.W. NELSON, Circuit Judge:

Rodel E. Rodis brought suit against the City and County of San Francisco, the San Francisco Police Department, the police chief, and two police officers under 42 U.S.C. § 1983 alleging a violation of his Fourth Amendment rights during a February 17, 2003 arrest. The district court dismissed the suit against the City and the police chief, but it rejected an assertion of qualified immunity by two of the officers ("Defendants"). Defendants...

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