Patricia Thorsted Stephanie Thorsted v. Tim Kelly

Patricia and Stephanie Thorsted appeal a judgment entered upon a jury verdict in favor of Tim Kelly, a Beverly Hills, California police officer. The Thorsteds filed suit against Kelly for damages under 42 U.S.C. § 1983 (1982), alleging that he used excessive force against them and illegally arrested Stephanie. The Thorsteds contend that the district court improperly instructed the jury on the availability of a qualified immunity defense. We affirm the judgment.

I

On May 15,1986, Stephanie Thorsted and her mother, Patricia, had drinks at the Polo Lounge at the Beverly Hills Hotel. The Thorsteds left the lounge without paying a $30 bill. The waiter, Ivan Coso, followed them to a parking lot and requested payment. When Stephanie stated that she had given her money to the bartender, Coso asked the Thorsteds to return to the lounge to identify whom she had paid. Stephanie’s identification proved incorrect, and Coso called hotel security. Lawrence Reid responded, and asked the Thorsteds to accompany him to the hotel's security office.

Reid decided to refer the matter to the police. When Beverly Hills Officer Kelly arrived, Reid outlined the dispute and handed him Stephanie’s…