McCown
McCown v. City of Fontana
Opinion
Opinion
Smith, J.
ORDER
The opinion filed on December 24, 2008, and appearing at 550 F.3d 918 (9th Cir.2008), is hereby amended and attached to this order.
Judges Rymer and M. Smith voted to deny the petition for rehearing and the petition for rehearing en banc. Judge Korman voted to deny the petition for rehearing and recommended denying the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it. Fed. R.App. P. 35.
The Appellee’s petition for panel rehearing and rehearing en banc is DENIED. Petitions for rehearing and rehearing en banc concerning the attached, amended opinion will not be permitted.
OPINION
Plaintiff-Appellee Ian McCown (McCown) sued Defendants-Appellants City of Fontana, City of Fontana Police Department, Jorge Rodriguez and David Maxson (collectively, the City) alleging violations of 42 U.S.C. § 1983 , including wrongful detention, false arrest, and use of excessive force in connection with McCown’s arrest. After most of McCown’s claims were dismissed on summary judgment, the two parties settled McCown’s remaining claim for $20,000, not including attorney’s fees. The parties…