No. 80-3345

664 F.2d 1339 Carl BARND, Plaintiff-Appellee, v. The CITY OF TACOMA, Steven Stockinger, Jerry Bahr, Lee Revelle, John Does 1 through 10, Defendants-Appellants. No. 80-3345. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1981. Decided Jan. 4, 1982. Dale W. House, Seattle, Wash., for defendants-appellants. Sverre O. Staurset, Graves & Staurset, Tacoma, Wash., for plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington. Before HUG and FARRIS, Circuit Judges, and REED, * District Judge. FARRIS, Circuit Judge: 1 Carl Barnd, his wife and their minor child initiated this action against the City of Tacoma and three of its police officers under 42 U.S.C. § 1983 . They alleged false arrest and imprisonment of Mr. Barnd causing physical injuries, emotional distress, and loss of earnings and earning capacity. Defense counsel referred to Barnd's prior arrests during his opening statement to the jury. The district court declared a mistrial and ordered defense counsel to personally pay jury costs, witness and expert costs, and attorney's fees totalling $2,911.72. Defense counsel appeals only the personal…