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TENNISON v. CITY AND COUNTY OF SAN FRANCISCO

No. 06-15426.

548 F.3d 1293 (2008)

John TENNISON; Antoine Goff, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO; San Francisco Police Department; George Butterworth, Defendants, and Prentice Earl Sanders; Napoleon Hendrix, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Resubmitted September 22, 2008.

Submission Vacated May 21, 2008.

Filed December 8, 2008.

Attorney(s) appearing for the Case

James A. Quadra, Moscone, Emblidge & Quadra, LLP, San Francisco, CA, for defendants-appellants Prentice Earl Sanders and Napoleon Hendrix.

Elliot R. Peters, Keker & Van Nest, LLP, San Francisco, CA, for plaintiff-appellee John Tennison.

John H. Scott, The Scott Law Firm, San Francisco, CA, for plaintiff-appellee Antoine Goff.

Before: MICHAEL DALY HAWKINS, A. WALLACE TASHIMA, and SIDNEY R. THOMAS, Circuit Judges.

TASHIMA, Circuit Judge:

John Tennison and Antoine Goff (collectively "Plaintiffs") served nearly thirteen years in state prison for a murder of which both have been declared factually innocent by the courts. They were both released from custody after the district court granted Tennison's petition for writ of habeas corpus. Following their release, they filed complaints under 42 U.S.C. § 1983, alleging, inter alia, that San Francisco Police Department ...

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