United States Ninth Circuit

In a 42 U.S.C. section 1983 action claiming constitutional violations stemming from a twelve-hour standoff at plaintiff's apartment between him and a large number of police officers, and his subsequent arrest, grant of judgment as a matter of law against the city on plaintiff's warrantless arrest claim is affirmed as a failure to obtain a warrant under the circumstances of the case constituted a constitutional violation as a matter of law. (Substituted opinion)

Appellate Information

• Argued 06/26/2008
• Decided 11/20/2007
• Published 11/20/2007

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.