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McSHERRY v. CITY OF LONG BEACH

No. 06-55837.

560 F.3d 1125 (2009)

Leonard McSHERRY, Plaintiff-Appellant, v. CITY OF LONG BEACH; Long Beach Police Department; Norman Turley, Officer; Carthel S. Roberson, in his individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2009.

Attorney(s) appearing for the Case

Mark A. Borenstein, Overland Borenstein Scheper & Kim LLP, Los Angeles, CA, for the plaintiff-appellant.

Michael M. Mullins and Nowland C. Hong, Akerman Senterfitt LLP, Los Angeles, CA, for the defendants-appellees.

Before: STEPHEN S. TROTT, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

TROTT, Circuit Judge:

This case is before us for the second time.1 In this appeal, Leonard McSherry appeals the district court's order granting summary judgment on the ground of qualified immunity to the City of Long Beach ("City"), Long Beach Police Department ("LBPD"), Officer Norman Turley, and Sergeant Carthel S. Roberson. The allegations in this case stem from a kidnaping, rape, and molestation that occurred in Long Beach, California...

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