Murphy v. City of Long Beach

914 F.2d 183 Miyuki MURPHY, Administratrix of the Estate of Edward Murphy, deceased, as Administratrix and individually; Lillian Murphy; Clifton Murphy, Plaintiffs-Appellees, v. CITY OF LONG BEACH; Charles B. Ussery, Chief of Police; Raymond Nelson; Gordon W. Collier, Defendants-Appellants. No. 87-6667. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 1990. Decided Sept. 14, 1990. William A. Reidder, Senior Deputy City Atty., City of Long Beach, Long Beach, Cal., for defendants-appellants. Joseph H. Duff, Los Angeles, California; John H. Edwards, III, Los Angeles, Cal., for plaintiffs-appellees. Michael J. Ogaz, Deputy City Atty., San Jose, Cal., for amicus. Appeal from the United States District Court for the Central District of California. Before HUG, BEEZER and NOONAN, Circuit Judges. HUG, Circuit Judge: 1 This is an appeal from a district court's entry of judgment notwithstanding the verdict and its grant of a conditional new trial in the event the judgment notwithstanding the verdict was reversed on appeal. We reverse in part, affirm in part, and remand. FACTS 2 In September, 1983, Edward Murphy walked into the street, in front of his home, with a…