Norse

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT NORSE, 

Plaintiff-Appellant, v.

CITY OF SANTA CRUZ; CHRISTOPHER

KROHN, individually and in his official capacity as Mayor of the City of Santa Cruz; TIM No. 07-15814

FITZMAURICE; KEITH A. SUGAR;

EMILY REILLY; ED PORTER; SCOTT  D.C. No.

CV-02-01479-RMW

KENNEDY; MARK PRIMACK,

individually and in their official OPINION capacities as Members of the Santa Cruz City Council; LORAN BAKER, individually and in his official capacity as Sergeant of the Santa Cruz Police Department;

STEVEN CLARK,

Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California Ronald M. Whyte, District Judge, Presiding

Argued and Submitted June 12, 2009—San Francisco, California

Filed November 3, 2009

Before: Mary M. Schroeder, Diarmuid F. O’Scannlain and A. Wallace Tashima, Circuit Judges.

Opinion by Judge Schroeder; Partial Concurrence and Partial Dissent by Judge Tashima

14795 NORSE v. CITY OF SANTA CRUZ 14797

COUNSEL

David Beauvais, Oakland, California, for the plaintiff-…