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RIVERO v. CITY & COUNTY OF SAN FRANCISCO

No. 00-17113.

316 F.3d 857 (2002)

Francisco Jose RIVERO; Pacific Internment Services, a California corporation, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant, and Joseph Surdyka; Boyd Stephens, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Owen P. Martikan, City Attorney's Office, San Francisco, CA, for the defendants-appellants.

Randall B. Aiman-Smith, McPhee & Aiman-Smith, Oakland, CA, for the plaintiffs-appellees.

Before BEEZER, THOMAS and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

In this suit under 42 U.S.C. § 1983, a magistrate judge denied defendants Joseph Surdyka and Boyd Stephens's pre-trial motion for summary judgment based on qualified immunity. After trial, the jury returned a damage verdict against Surdyka and Stephens. The magistrate judge denied Surdyka and Stephens's post-trial motion for judgment as a matter of law based on qualified immunity, but ordered a new trial based...

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