Terrence Mulgannon v. David K. Weller

61 F.3d 911 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terrence MULGANNON, Plaintiff-Appellant, v. David K. WELLER, Defendant-Appellee. No. 93-55665. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1994. * Decided July 5, 1995. Appeal from the United States District Court, for the Central District of California, D.C. No. CV 88-01486-RG; Richard A. Gadbois, Jr., District Judge, Presiding. C.D.Cal. REVERSED. Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Terrence Mulgannon appeals the district court's granting of summary judgment on grounds of qualified immunity in his action under 42 U.S.C. Sec. 1983 . Mulgannon argues that genuine issues of material fact exist as to whether a seizure or coercion occurred. PRIOR PROCEEDINGS 3 Mulgannon previously appealed from an adverse jury verdict in this action. We reversed and remanded, holding that the court gave an erroneous instruction on qualified immunity and we required the…