Remo Benigni, D/B/A the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott Jernigan

AFTER PETITION FOR REHEARING AND RESPONSE THERETO

AMENDED OPINION

The City of Hemet and individual police officers appeal a jury verdict for Benigni in his section 1983 suit alleging that police officers harassed his business to such an extent that he was finally forced to sell it at a loss. We affirm.

BACKGROUND

Benigni opened the Silver Fox Restaurant and Bar in November 1983. He filed suit on December 7, 1984, alleging that Hemet police officers constantly harassed his business and customers by: (1) performing bar checks on a daily basis; (2) following customers leaving the Silver Fox and occasionally arresting them for drunk driving and other violations; (3) issuing parking tickets to staff and customers; (4) parking across the street and “staking out” his customers, employees and family members; (5) stopping cars for traffic violations in the vicinity of the Silver Fox after “herding” or “red lighting” them into that area; and (6) investigating an alleged bomb threat on December 8, 1984, the day after Benigni filed suit. Benigni claimed the officers made five or six bar checks a night inside the business and that they shined flashlights in customers’ faces, checked…