Hai Waknine v. Daryl Gates

961 F.2d 218 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hai WAKNINE, Plaintiff/Appellant, v. Daryl GATES, et al., Defendants/Appellees. No. 90-56365. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1992. Decided April 27, 1992. As Amended on Denial of Rehearing and Rehearing En Banc Aug. 27, 1992. Before PREGERSON, D.W. NELSON and WIGGINS, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 The genesis of this case is a 42 U.S.C. § 1983 action brought by Hai Waknine (Waknine) against various municipal defendants, including police chief Daryl Gates (collectively Gates), for alleged Fourth Amendment violations. The jury verdict was in favor of defendants. Today we reverse the judgment and remand the case for a new trial because of improper statements made by defense counsel in closing argument. FACTUAL AND PROCEDURAL BACKGROUND 3 Since this appeal focuses on the events at trial, specifically the actions of the district judge and defense counsel,…