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NORSE v. CITY OF SANTA CRUZ

No. 07-15814.

629 F.3d 966 (2010)

Robert NORSE, Plaintiff-Appellant, v. CITY OF SANTA CRUZ; Christopher Krohn, individually and in his official capacity as Mayor of the City of Santa Cruz; Tim Fitzmaurice; Keith A. Sugar; Emily Reilly; Ed Porter; Scott Kennedy; Mark Primack, individually and in their official capacities as Members of the Santa Cruz City Council; Loran Baker, individually and in his official capacity as Sergeant of the Santa Cruz Police Department; Steven Clark, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2010.

Attorney(s) appearing for the Case

David J. Beauvais , Oakland, CA; and Kate Wells , Law Office of Kate Wells, Santa Cruz, CA, for plaintiff-appellant Robert Norse.

George J. Kavacevich , Atchison, Barisone & Condotti, Santa Cruz, CA, for defendants-appellees City of Santa Cruz et al.

Opinion by Judge THOMAS; Concurrence by Chief Judge KOZINSKI.

OPINION

THOMAS, Circuit Judge:

When Robert Norse gave the Santa Cruz City Council a silent Nazi salute, he was ejected and arrested. He sued city officials for violating his rights under the First Amendment. On the eve of trial, the district court sua sponte granted judgment against him, holding that the city officials were entitled to qualified immunity. Because the district court failed to provide Norse adequate...

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