Allen

Allen v. City of Los Angeles

Caution
92 F.3d 842·96 Daily Journal DAR 9569·1996 WL 442244·1996 U.S. App. LEXIS 19803·96 Cal. Daily Op. Serv. 5862
United States Court of Appeals for the Ninth CircuitAugust 7, 1996Nos. 95-55475, 95-55477California3,707 words

Opinion

Lead Opinion

Thomas, J.

Los Angeles police officers Stacey C. Koon (“Koon”) and Laurence M. Powell (“Powell”) contend that the City of Los Angeles (“City”) is obligated to reimburse them approximately $500,000 in legal expenses they incurred defending a civil lawsuit brought by Rodney Glen King (“King”). We disagree and affirm the district court’s entry of judgment in favor of the City.

*845 BACKGROUND

On or about March 3, 1991, King was arrested by Los Angeles police officers, including Koon and Powell. Powell was indicted and convicted for violations of 18 U.S.C. §§ 2 and 242 for depriving King of the Constitutional right to be free from the intentional use of unreasonable force by one making an arrest under color of law. Koon was indicted and convicted for violating 18 U.S.C. § 242 by depriving King of the Constitutional right to be kept free from harm while in official custody.

King also filed a civil rights lawsuit, from which this appeal is taken, against the City, Koon, Powell and other officers under 42 U.S.C. § 1983 . Koon and Powell asked the City to defend them in this action, but the City refused under Cal. Gov’t Code § 995.2 on the grounds that Koon and Powell acted with actual malice…

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