Fisher

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN FISHER, 

Plaintiff-Appellee, and

SANDRA FISHER,

Plaintiff, v. CITY OF SAN JOSE, No. 04-16095 Defendant-Appellant, and  D.C. No.

CV-01-21192-PVT

CITY OF SAN JOSE POLICE OPINION

DEPARTMENT; OFFICER BOLER;

OFFICER BARNETT; OFFICER CORREA;

OFFICER ESQUIVEL; OFFICER HONDA;

OFFICER KINSWORTHY; OFFICER

O’BRIEN; OFFICER RYAN; OFFICER

NGUYEN,

Defendants.  Appeal from the United States District Court for the Northern District of California Patricia V. Trumbull, Magistrate Judge, Presiding Argued and Submitted June 26, 2008—Pasadena, California Filed March 11, 2009 Before: Alex Kozinski, Chief Judge, Harry Pregerson, Stephen Reinhardt, Diarmuid F. O’Scannlain, Pamela Ann Rymer, Sidney R. Thomas, Ronald M. Gould, Richard A. Paez, Richard C. Tallman, Jay S. Bybee, and N. Randy Smith, Circuit Judges.

3135 3136 FISHER v. CITY OF SAN JOSE Opinion by Judge Tallman; Dissent by Judge Paez; Dissent by Judge Reinhardt FISHER v. CITY OF SAN JOSE 3139

COUNSEL

Scott Attaway (argued), Deputy City Attorney,…