Allen

This appeal arises from the now infamous “Rodney King incident” of March 3, 1991. Plaintiff-appellant Bryant Allen was a passenger in Rodney King’s car when it was pulled over by police officers. King had been speeding and failed to obey police directions to stop. During the time King was being beaten, Allen was forced at gunpoint to lie on the ground, handcuffed, frisked, placed in a police car, and questioned. As soon as the officers determined Allen was not involved in any wrongdoing, a period which lasted no more than 24 minutes, he was released.

Allen sued the defendants-appellees Officers Paul Beauregard, Timothy Singer, Melanie Singer, Gabriel Aid and Frank Schulz (collectively “defendants”) under 42 U.S.C. § 1983 , claiming they violated his rights under the Fourth Amendment by arresting him without probable cause and using excessive force to effectuate the arrest. 1 None of these officers was involved in the criminal action related to the beating of Rodney King. See United States v. Koon, 34 F.3d 1416 (9th Cir.1994), ‘petition for cert. filed April 12, 1995.

The district court granted summary judgment in favor of Officers Aid, Schulz and Melanie Singer, concluding they…