Duran v. City Of Douglas

904 F.2d 1372 Ralph DURAN, husband; Alice Duran, wife, Plaintiffs-Appellees, v. CITY OF DOUGLAS, ARIZONA, a body politic; et al., Defendants, and Gilbert Aguilar, individually and as a police officer of the City of Douglas, Defendant-Appellant. No. 89-15236. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1989. * Decided June 4, 1990. Arthur C. Atonna, Douglas, Ariz., for defendant-appellant. Tony K. Behrens, Sierra Vista, Ariz., for plaintiffs-appellees. Appeal from the United States District Court for the District of Arizona. Before REINHARDT, BEEZER and KOZINSKI, Circuit Judges. KOZINSKI, Circuit Judge: 1 Plaintiff Ralph Duran directed a series of expletives and an obscene hand gesture at defendant Gilbert Aguilar, a police officer. Officer Aguilar responded by detaining and arresting Duran, who, along with his wife, now brings this lawsuit for injuries he suffered during the incident. 2 * In the late evening of November 18, 1987, Aguilar and another officer of the Douglas, Arizona, Police Department were dispatched to a downtown hotel in response to a bartender's complaints about an unruly patron. The officers arrived to find Duran intoxicated and threatening…