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EDGERLY v. CITY AND COUNTY OF SAN FRANCISCO

Nos. 05-15080, 05-15382.

599 F.3d 946 (2010)

Erris EDGERLY, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; David Goff; John Conefrey; Frederick Schiff, Defendants-Appellees. Erris Edgerly, Plaintiff-Appellant, v. City and County of San Francisco; David Goff; John Conefrey; Frederick Schiff, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed July 17, 2007.

Opinion and Submission Vacated May 22, 2008.

Resubmitted March 12, 2010.

Filed March 19, 2010.

Attorney(s) appearing for the Case

Gregory M. Haynes, San Francisco, CA, for plaintiff-appellant Erris Edgerly.

Dennis J. Herrera, City Attorney, Joanne Hoeper, Chief Trial Attorney, Sean F. Connolly, Deputy City Attorney, San Francisco City Attorney's Office, San Francisco, CA, for defendants-appellees City and County of San Francisco, John Conefrey, and David Goff.

Teke Kelley, Jeremy Sugerman and Sam Trumbull, Gordon-Creed, Kelley, Holl & Sugerman, LLP, San Francisco, CA, for defendant-appellee Frederick Schiff.

Before: WILLIAM C. CANBY, JR., JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

PAEZ, Circuit Judge:

San Francisco Police Department Officers David Goff and John Conefrey ("Officers") arrested Erris Edgerly for trespassing within the gated area of the Martin Luther King/Marcus Garvey Housing Cooperative ("Cooperative"). The Officers transported Edgerly to the local police station, where they searched him for contraband. The search did not reveal any contraband and Sergeant Frederick Schiff, the police supervisor on duty at the time, authorized...

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