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HERNANDEZ v. CITY OF SAN JOSE

No. 17-15576.

897 F.3d 1125 (2018)

Juan HERNANDEZ; Nathan Velasquez; Frank Velasquez; Mark Doering; Mary Doering; Barbara Arigoni; Dustin Haines-Scrodin; Andrew Zambetti; Christina Wong; Craig Parsons; I.P., a minor individual; Greg Hyver; Todd Broome; Donovan Rost; Michele Wilson; Cole Cassady; Theodore Jones; Martin Mercado; Christopher Holland; Rachel Casey, Plaintiffs-Appellees, v. CITY OF SAN JOSE, a municipal corporation; Loyd Kinsworthy; Lisa Gannon; Kevin Abruzzini; Paul Messier; Paul Spagnoli; Johnson Fong; Jason Ta, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2018.

Attorney(s) appearing for the Case

Matthew Pritchard (argued), Deputy City Attorney; Ardell Johnson , Chief Deputy City Attorney; Nora Frimann , Assistant City Attorney; Richard Doyle , City Attorney; Office of the City Attorney, San Jose, California; for Defendant-Appellants.

Harmeet K. Dhillon (argued), Dhillon LawGroup, Inc., San Francisco, California, for Plaintiff-Appellees.

Before: Dorothy W. Nelson, Andrew J. Kleinfeld, and William A. Fletcher, Circuit Judges.

OPINION

The City of San Jose ("City") and seven of its police officers ("Officers") (collectively, "City Defendants") appeal the district court's denial of their Motion to Dismiss ("Motion") in favor of several individuals who attended a rally in 2016 for then-Presidential candidate Donald J. Trump (...

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