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CITY OF PHOENIX v. YARNELL

No. CV-94-0416-PR.

184 Ariz. 310 (1995)

909 P.2d 377

CITY OF PHOENIX; Gregory Edgcombe; and Michael Sechez; Maricopa County, Defendants-Petitioners, v. Hon. Michael A. YARNELL, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, and Michael J. SMITH, Real Party in Interest.

Supreme Court of Arizona, En Banc.

December 14, 1995.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Georgia A. Staton, David C. Lewis, Phoenix, for Defendants-Petitioners City of Phoenix, Gregory Edgcombe, and Michael Sechez.

Richard M. Romley, Maricopa County Attorney by Michael G. Sullivan (former deputy county attorney) and John W. Paulsen, Phoenix, for Defendant-Petitioner Maricopa County.

Ely, Bettini, Ulman, Insana & Turley by J. Wayne Turley, Phoenix, for Real Party in Interest Michael J. Smith.

OPINION

FELDMAN, Chief Justice.

Released after arrest and nine months' incarceration, Michael J. Smith ("Smith") brought a tort action seeking damages under various theories, including violation of his civil rights under 42 U.S.C. § 1983, against the City of Phoenix ("City"), two Phoenix Police Department detectives ("detectives"), and Maricopa County ("County") (collectively "Defendants"). The trial court denied all of Defendants' motions for summary...

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