James Sinclair v. City of Los Angeles

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James SINCLAIR, et al., Plaintiff-Appellant, v. CITY OF LOS ANGELES, et al., Defendant-Appellant. No. 92-55505. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1993. Decided Dec. 23, 1993. Before HUG, SCHROEDER, and FERGUSON, Circuit Judges. 1 MEMORANDUM * 2 Appellant Michael Weiss, the executor for the estate of James Sinclair, brings this Sec. 1983 action for damages, alleging that officers from the Los Angeles Police Department used excessive force on Sinclair and infringed upon Sinclair's First Amendment rights of free speech and association. 3 Weiss appeals the district court's grant of summary judgment dismissing Daryl Gates as a party defendant and also appeals the jury verdict in favor of the defendants. We affirm. 4 I. Lawfulness and Reasonableness of Detention 5 Weiss contends that in confronting the police officers, Sinclair was merely exercising his First Amendment right of…