BLANKENHORN v. CITY OF ORANGE

No. 04-55938.

485 F.3d 463 (2007)

Gary BLANKENHORN, Plaintiff-Appellant, v. CITY OF ORANGE; Andy Romero; Dung Nguyen; Garrett Ross; Tamara South; Gray, Sergeant; Montano, Officer; Kayano, Officer; Roman, Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2007.


Attorney(s) appearing for the Case

Paul L. Hoffman and Michael S. Morrison, Schonbrun DeSimone Seplow Harris & Hoffman, Venice, CA, for the appellant.

M. Lois Boback, Woodruff, Spradlin & Smart, Orange, California; and David A. De Berry, City Attorney, City of Orange, Orange, CA, for the appellees.

Before: M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, District Judge.


KING, District Judge.

In July 2001, police officers from the City of Orange ("City") found Gary Blankenhorn ("Blankenhorn") at a shopping mall where, six months before, he had been evicted and permanently banned from entering again. The officers arrested Blankenhorn on suspicion of trespass, and he was later charged with disturbing the peace, trespass, and three counts of resisting arrest. The prosecutor also added a gang-related enhancement charge. After Blankenhorn...

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