Sebulsky v. City of Riverside

46 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gerold A. SEBULSKY, Plaintiff-Appellee, v. CITY OF RIVERSIDE, Defendant and Sonny Richardson, Chief of Police, for the City of Riverside, California; E. Blevins, Police Officer, for the City of Riverside, California, Defendants-Appellants. No. 93-56542. United States Court of Appeals, Ninth Circuit. Argued: Aug. 3, 1994. Submission Deferred: Aug. 3, 1994. Resubmitted: Jan. 1, 1995. Decided: Feb. 3, 1995. Before: O'SCANNLAIN, T.G. NELSON, Circuit Judges, and MERHIGE, * District Judge. MEMORANDUM ** "[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); see also Mitchell v. Forsyth, 472 U.S. 511, 528 (1985) (officials are immune unless "the law clearly proscribed the…