Desrochers

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL DESROCHERS; STEVE 

LOWES,

Plaintiffs-Appellants, v. CITY OF SAN BERNARDINO; MICHAEL No. 07-56773

BILLDT; FRANK MANKIN,

individually and as Assistant Chief  D.C. No.

CV-06-01408-VAP

of Police for the San Bernardino

OPINION

Police Department; BRIAN BOOM, individually and as a Lieutenant for the San Bernardino Police Department, Defendants-Appellees.  Appeal from the United States District Court for the Central District of California Virginia A. Phillips, Magistrate Judge, Presiding

Argued and Submitted March 5, 2009—Pasadena, California

Filed July 13, 2009

Before: Diarmuid F. O’Scannlain, Pamela Ann Rymer, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge O’Scannlain; Dissent by Judge Wardlaw

8675 8678 DESROCHERS v. CITY OF SAN BERNARDINO

COUNSEL

Michael A. McGill, Lackie & Dammeier APC, Upland, Cali- fornia, argued the cause for the plaintiffs-appellants and filed the briefs.

James A. Odlum, Mundell, Odlum & Haws, LLP, San Bernar- dino, California, argued the cause for the defendants- appellees and was on the brief. James Penman,…