Clarence E. Pitts v. Michael Nakamura, Chief Honolulu Police Department

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clarence E. PITTS, Plaintiff-Appellee, v. Michael NAKAMURA, Chief; Honolulu Police Department, et al., Defendants-Appellants. No. 93-16041. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided Nov. 21, 1994. Before: BROWNING, TROTT and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Michael Nakamura, as Chief of Police of the Honolulu Police Department, and the City and County of Honolulu ("City") appeal the magistrate judge's order granting Clarence E. Pitts' motion to enforce a settlement agreement. Pitts sued the City alleging civil rights violations and common law claims arising from his arrest and detention on August 31, 1990. Although a jury returned a special verdict relieving the City of liability, the magistrate judge ordered a new trial when the court discovered the verdict did not reflect the jury's actual decision. Instead of a new trial, however, the parties executed…