Gwillim v. City Of San Jose

929 F.2d 465 Reese GWILLIM, Plaintiff-Appellant, v. CITY OF SAN JOSE, Joan Gallo, Individually and in Her Capacity as City Attorney for the City of San Jose, Joseph McNamara, Individually and in His Capacity as Police Chief for the City of San Jose, Defendants-Appellees. No. 89-16403. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1991. Decided March 25, 1991. Craig M. Brown, San Jose, Cal., for plaintiff-appellant. Andrea Bryan Ferguson, Sr. Deputy City Atty., San Jose, Cal., for defendants-appellees San Jose. Appeal from the United States District Court for the Northern District of California. Before SCHROEDER, CANBY and NOONAN, Circuit Judges. NOONAN, Circuit Judge: 1 Reese Gwillim brought suit against the City of San Jose (San Jose); Joan Gallo, the City Attorney; and Joseph D. McNamara, the Police Chief, seeking declaratory and injunctive relief and damages on the ground that the defendants had violated his civil rights contrary to 42 U.S.C. Sec. 1983 . The issue in the case is a novel one, whether the transmission of immunized testimony to a prosecutor by the administrators who have obtained it is, in itself, a violation of the privilege against…