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DUARTE v. CITY OF STOCKTON

No. 21-16929.

60 F.4th 566 (2023)

Francisco DUARTE, Plaintiff-Appellant, and Alejandro Gutierrez, Plaintiff, v. CITY OF STOCKTON; Stockton Police Department; Eric Jones; Kevin Jaye Hachler; Eric B. Howard; Michael Gandy; Conner Nelson; Underwood, Sergeant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted November 15, 2022 San Francisco, California.

Attorney(s) appearing for the Case

Elizabeth Bixby (argued) and David Oyer , Roderick & Solange MacArthur Justice Center, Washington, D.C.; Easha Anand , Roderick & Solange MacArthur Justice Center, San Francisco, California; Yolanda Huang , Law Office of Yolanda Huang, Oakland, California; for Plaintiff-Appellant.

Dana A. Suntag (argued), Joshua J. Stevens , and Amy N. Seilliere , Herum Crabtree Suntag, Stockton, California, for Defendants-Appellees.

Marie L. Miller and Patrick M. Jaicomo , Institute for Justice, Arlington, Virginia; Anya Bidwell , Institute for Justice, Austin, Texas; for Amicus Curiae Institute for Justice.

Before: Johnnie B. Rawlinson and Andrew D. Hurwitz, Circuit Judges, and Kathleen Cardone, District Judge.

OPINION

In this 42 U.S.C. § 1983 action, Francisco Duarte appeals from the dismissal of his false arrest and municipal liability claims, as well as the adverse grant of summary judgment on his excessive force claim. The district court held that Duarte's false arrest and excessive force claims were barred by...

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