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RODIS v. CITY, COUNTY OF SAN FRANCISCO

No. 05-15522.

558 F.3d 964 (2009)

Rodel E. RODIS, Plaintiff-Appellee, v. CITY and COUNTY OF SAN FRANCISCO, a municipality, Defendant-Appellant, Liddicoet, San Francisco Police Officer; Barry, 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.

March 9, 2009.

Attorney(s) appearing for the Case

Scott D. Wiener, San Francisco, CA, for the defendants-appellants.

Lawrence W. Fasano, Jr., San Francisco, CA, for the plaintiff-appellee.

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

D.W. NELSON, Senior Circuit Judge:

Rodel E. Rodis brought suit under 42 U.S.C. § 1983 against, inter alia, two San Francisco police officers, alleging a violation of his Fourth Amendment rights during a February 2003 arrest. The district court rejected the assertion of qualified immunity by the police officers. Defendants filed an interlocutory appeal, and, in 2007, we affirmed. The Supreme Court granted Defendants' petition for a writ of certiorari, vacated...

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