Clouthier

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREGORY CLOUTHIER; ANN 

CLOUTHIER, individually and on behalf of the Estate of Robert John Clouthier, Plaintiffs-Appellants, v. No. 07-16703 COUNTY OF CONTRA COSTA;  D.C. No.

CV-06-03893-MMC

WARREN RUPF; MATT FOLEY,

Sheriff’s Deputy; ERIK STEELE; OPINION MARGARET BLUSH, sued in their individual capacities and as employees of Contra Costa County, Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Argued and Submitted March 10, 2009—San Francisco, California

Filed January 14, 2010

Before: M. Margaret McKeown and Sandra S. Ikuta, Circuit Judges, and Frederic Block,* District Judge.

Opinion by Judge Ikuta; Partial Concurrence and Partial Dissent by Judge Block

*The Honorable Frederic Block, Senior United States District Judge for the Eastern District of New York, sitting by designation. COUNSEL

Stan Casper and Thomas A. Seaton, Casper, Meadows, Sch- wartz & Cook, Walnut Creek,…