No. 16-15014.

884 F.3d 923 (2018)

Harrison ORR, Plaintiff-Appellee, v. PLUMB, Officer, California Highway Patrol, Defendant-Appellant, and Brame, Officer, California Highway Patrol; State of California; California Highway Patrol, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2018.

Attorney(s) appearing for the Case

Krista Dunzweiler (argued) and Stephen C. Pass , Deputy Attorneys General; Peter A. Meshot , Supervising Deputy Attorney General; Kristin G. Hogue , Senior Assistant Attorney General; Office of the Attorney General, Sacramento, California; for Defendant-Appellant.

Michael J. Haddad (argued), Julia Sherwin , and T. Kennedy Helm , Haddad & Sherwin LLP, Oakland, California; Richard M. Pearl (argued), Law Offices of Richard M. Pearl, Berkeley, California; for Plaintiff-Appellee.

Peter J. Eliasberg , ACLU Foundation of Southern California, Los Angeles, California; Carol A. Sobel , Law Office of Carol A. Sobel, Santa Monica, California; for Amici Curiae ACLU of Southern California, ACLU of Northern California, ACLU of San Diego and Imperial County, and National Police Accountability Project.

Dissent by Judge Rawlinson.


Terrence Plumb appeals the district court's judgment on the jury's special verdict in this § 1983 case.1 The threshold issue is whether his appeal is timely under 28 U.S.C. § 2107, Federal Rule of Appellate Procedure 4 ("Rule 4"), and Federal Rule of Civil Procedure...

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