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BARND v. CITY OF TACOMA

No. 80-3345.

664 F.2d 1339 (1982)

Carl BARND, Plaintiff-Appellee, v. The CITY OF TACOMA, Steven Stockinger, Jerry Bahr, Lee Revelle, John Does 1 through 10, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1982.

Attorney(s) appearing for the Case

Dale W. House, Seattle, Wash., for defendants-appellants.

Sverre O. Staurset, Graves & Staurset, Tacoma, Wash., for plaintiff-appellee.

Before HUG and FARRIS, Circuit Judges, and REED, District Judge.

FARRIS, Circuit Judge:

Carl Barnd, his wife and their minor child initiated this action against the City of Tacoma and three of its police officers under 42 U.S.C. § 1983. They alleged false arrest and imprisonment of Mr. Barnd causing physical injuries, emotional distress, and loss of earnings and earning capacity. Defense counsel referred to Barnd's prior arrests during his opening statement to the jury. The district court declared a mistrial and ordered defense...

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