Hernandez v. City Of Los Angeles

624 F.2d 935 Peter L. HERNANDEZ, Plaintiff-Appellant, v. CITY OF LOS ANGELES; Edward M. Davis, Chief of Police of the City of Los Angeles; Officer Thomas Bradford; Officer Robert Pixler; and Officer Gregory Schwien, Defendants-Appellees. No. 77-1458. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1979. Decided Aug. 6, 1980. Adolph B. Busto, Los Angeles, Cal., for plaintiff-appellant. Burt Pines, City Atty., Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before GOODWIN, HUG and FLETCHER, Circuit Judges. FLETCHER, Circuit Judge: 1 Hernandez appeals from a grant of summary judgment for defendants in his 42 U.S.C. § 1983 action against the City of Los Angeles, its chief of police, and three named police officers, invoking this court's jurisdiction under 28 U.S.C. § 1291 (1976). We reverse and remand. 2 Hernandez's complaint alleged that police officers used excessive force in the course of arresting him, thus violating his civil rights. The defendants moved for summary judgment, contending that the issue of the officers' use of excessive force had been determined adversely to…