United States Ninth Circuit
Fisher v. City of San Jose, 04-16095
In a 42 U.S.C. section 1983 suit alleging constitutional violations stemming from a twelve-hour standoff at plaintiff's apartment between him and police officers, judgment as a matter of law for plaintiff on a warrantless arrest claim against a city and an award of nominal damages and injunctive relief is affirmed where a failure to obtain a warrant under the unusual circumstances of the case constituted a constitutional violation as a matter of law.
Appellate Information
- Argued 06/26/2008
- Decided 01/16/2007
- Published 01/16/2007
Judges
- TALLMAN, Circuit Judge:, Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, SIDNEY R. THOMAS, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, JAY S. BYBEE, and N. RANDY SMITH, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Scott Attaway (argued), Deputy City Attorney, San Jose, CA, for the defendants-appellants., Donald E.J. Kilmer, Jr., San Jose, CA, for plaintiff-appellee.