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LIBERAL v. ESTRADA

No. 08-17360.

632 F.3d 1064 (2011)

Kesner Junior LIBERAL, Plaintiff-Appellee, v. Eduardo R. ESTRADA, individually and in his capacity as a Menlo Park police officer; Jeff Keegan, individually and in his capacity as a Menlo Park police officer; Richard Wheaton, individually and in his capacity as a Menlo Park police officer; Jaimee Tassio, individually and in his official capacity as a Menlo Park police officer; Ronald Prickett, individually and in his capacity as a Menlo Park police officer; Jaime Romero, individually and in his capacity as a Menlo Park police officer; Barbara Ayres, individually and in her capacity as a Menlo Park police officer, Defendants-Appellants, and City of Menlo Park, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2011.

Attorney(s) appearing for the Case

John L. Flegel , Jorgenson, Siegel, McClure & Flegel, LLP, Menlo Park, CA, for the defendants-appellants.

Anthony Boskovich , Law Offices of Anthony Boskovich, San Jose, CA, for the plaintiff-appellee.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge TASHIMA.

OPINION

GRABER, Circuit Judge:

Plaintiff Kesner Liberal sued the City of Menlo Park ("City") and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserting federal qualified immunity...

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