Frank Donahue Jackson Killough, AKA Chris Killough, an Individual v. William Casey, an Individual, and Greg Winters, an Individual

21 F.3d 1112 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank DONAHUE; Jackson Killough, aka Chris Killough, an individual, Plaintiffs-Appellees, v. William CASEY, an individual, Defendant, and Greg Winters, an individual, Defendant-Appellant. No. 92-16861. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1994. * Decided April 25, 1994. 1 Before: ALARCON and FERNANDEZ, Circuit Judges, and HILL, District Judge ** . 2 MEMORANDUM *** 3 Gregory Winters, the captain of the San Francisco police department's Richmond Station, appeals the district court's denial of his motion for summary judgment based upon qualified immunity from suit. We affirm. BACKGROUND 4 Frank Donahue was a San Francisco police officer assigned to Winters' station. In May of 1989 Donahue observed an incident that formed the basis of a citizen complaint against a fellow officer. Donahue subsequently testified about the incident at a police department Office of Citizen…