Morse v. City of Fresno

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Angela G. MORSE, as Special Administrator of the Estate of Paul Ralph Morse, Jr., deceased; Angela G. Morse, individually; and Gene Morse, Plaintiffs-Appellees, v. CITY OF FRESNO; Rod Brisendine; and Ron Weber, Defendants-Appellants. No. 92-16695. United States Court of Appeals, Ninth Circuit. Submitted Feb. 8, 1994. * Decided March 30, 1994. 1 Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. ** 2 MEMORANDUM *** 3 Angela and Gene Morse brought this action for civil rights violations and negligence against the City of Fresno and police officers Rod Brisendine and Ron Weber. They allege that those violations occurred in the conduct of an investigation during which Paul Morse was shot and killed in the presence of Gene. At the first trial, a jury found for all defendants on all of plaintiffs claims against them. However, on plaintiffs' motion, the district court (Judge Price) granted a new…