Jerome Grimes v. City and County of San Francisco, Defendant-Cross-Defendant-Appellee, and Nathan Johnson, Defendant-Cross-Claimant-Appellant. Jerome Grimes v. City and County of San Francisco, Defendant-Cross-Defendant-Appellant, and Nathan Johnson, Defendant-Cross-Claimant-Appellee

951 F.2d 236 21 Fed.R.Serv.3d 526 Jerome GRIMES, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-cross-defendant-Appellee, and Nathan Johnson, Defendant-cross-claimant-Appellant. Jerome GRIMES, Plaintiff, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-cross-defendant-Appellant, and Nathan Johnson, Defendant-cross-claimant-Appellee. Nos. 90-16047, 90-16352. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1991 * . Decided Dec. 16, 1991. Wendy Alfsen-Cleveland, Cleveland Law Offices, Oakland, Cal., for Nathan Johnson. George K.H. Schell, Deputy City Attorney, San Francisco, Cal., for City and County of San Francisco. Appeal from the United States District Court for the Northern District of California. Before SKOPIL, PREGERSON and O'SCANNLAIN, Circuit Judges. BACKGROUND PREGERSON, Circuit Judge: 1 While off-duty, San Francisco Police Officer Nathan Johnson drew his gun and fired a warning shot during a traffic-related altercation with Jerome Grimes. As a result, Johnson was dismissed from the police force. Grimes sued both Johnson and the City and County of San Francisco ("the City"). Johnson cross-claimed against the City in connection with both his…