Davis v. City of Ellensburg

869 F.2d 1230 Terry L. DAVIS, Administrator for the Estate of Ronald D. Davis, Deceased; Terry L. Davis, Jacqueline D. Davis, Individuals, Plaintiffs-Appellants, v. The CITY OF ELLENSBURG; Joseph K. Newbry; Michael A. Delozier; William J. Hutton, Defendants-Appellees. No. 87-4245. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1988. Decided March 1, 1989. As Amended March 28, 1989. J. Adam Moore, Hoffman & Rowley, Yakima, Wash., Theodore Spearman, Sullivan & Golden, Seattle, Wash., for plaintiffs-appellants. Walter G. Meyer, Meyer & Fluegge, P.S., Yakima, Wash., for defendants-appellees. Appeal from the United States District Court for the Eastern District of Washington. Before FLETCHER, BOOCHEVER and TROTT, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Terry L. Davis and Jacqueline D. Davis as individuals, and Terry L. Davis 1 as administrator of Ronald Davis' estate, appeal the district court's order granting summary judgment to the municipal defendant. The district court held Davis had failed to produce "significantly probative evidence" of the existence of a municipal policy or custom as required under 42 U.S.C. section 1983 .…