Forrester v. City of San Diego

25 F.3d 804 Michael G. FORRESTER; Michaelene Ann Jenkins; Donna E. Niehouse; Dena A. Niehouse; Nancy H. Scofield; Harold E. Scofield, Plaintiffs-Appellants, v. CITY OF SAN DIEGO, a municipal corporation; Donald Fashing; D. Hannan, Defendants-Appellees. No. 92-55137. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1993. Decided June 1, 1994. Lloyd Edward Tooks, San Diego, CA, for plaintiffs-appellants. Francis M. Devaney, Deputy City Atty., San Diego, CA, for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Opinion by Judge HALL; Dissent by Judge KLEINFELD. Before: GIBSON, * HALL, and KLEINFELD, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Anti-abortion demonstrators who were arrested for trespass and unlawful assembly appeal (1) the district court judgment that the City of San Diego's policy regarding pain compliance arrest techniques was constitutional and (2) the jury verdict that San Diego's police officers did not use excessive force in executing their arrests. Because sufficient evidence supported the jury verdict, we affirm without deciding whether the city's policy authorized…