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C.B. v. CITY OF SONORA

No. 11-17454.

769 F.3d 1005 (2014)

C.B., a minor, Plaintiff-Appellee, v. CITY OF SONORA; Mace McIntosh, Chief of Police; Hal Prock, Officer, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2014.

Attorney(s) appearing for the Case

Stephanie Y. Wu (argued) and Cornelius J. Callahan , Borton Petrini LLP, Modesto, CA, for Defendants-Appellants.

Julia Levitskaia (argued), John F. Martin , and Georgelle Christina Heintel , Law Offices of John F. Martin, Walnut Creek, CA, for Plaintiff-Appellee.

Opinion by Judge PAEZ as to all but Part II.C.1; Opinion by Judge M. SMITH as to Part II.C.1; Partial Concurrence and Partial Dissent by Judge M. SMITH; Concurrence by Judge GOULD; Partial Concurrence and Partial Dissent by Judge BERZON.

OPINION

PAEZ, Circuit Judge:

This case arises out of a decision by Sonora City Police Department officers to handcuff and remove from school grounds an 11-year-old child with attention-deficit and hyperactivity disorder ("ADHD") who was doing nothing more than sitting quietly and resolutely in the school playground. After a seven-day trial, a jury found that the City of Sonora, Sonora Chief of Police Mace McIntosh, and Officer Harold Prock (collectively...

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