Price

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GWEN PRICE, Personal  Representative of the Estate of James Jahar Perez, deceased, JAMES JAHAR PEREZ, JR., by and through his guardian ad litem, Gwen Price; DEBORAH PEREZ, an No. 06-35159 individual; JAMES JAHAR PEREZ, JR., D.C. No. by and through his guardian ad litem, Gwen Price,  CV-04-01178-

MWM

Plaintiffs-Appellants,

OPINION

v. JASON SERY; CITY OF PORTLAND, a municipal corporation; SEAN

MACOMBER,

Defendants-Appellees.  Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted November 13, 2006 Submission withdrawn April 5, 2007 Resubmitted November 1, 2007 Portland, Oregon

Filed January 22, 2008

Before: Diarmuid F. O’Scannlain, Edward Leavy, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge O’Scannlain Partial Concurrence and Partial Dissent by Judge Fisher

781 784 PRICE v. SERY

COUNSEL

Elden M. Rosenthal, Rosenthal & Greene, P.C., Portland, Oregon, argued the cause and filed briefs for the plaintiffs- appellants. PRICE v. SERY …