95 Cal. Daily Op. Serv. 9656, 95 Daily Journal D.A.R. 16,814 Joyce Lynne Allen v. City of Portland Richard D. Walker, Chief of Police George E. Fort, Police Officer

Good Law
73 F.3d 232
United States Court of Appeals for the Ninth CircuitJanuary 17, 199693-35212California3,459 words

Opinion

Opinion

73 F.3d 232 95 Cal. Daily Op. Serv. 9656 , 95 Daily Journal D.A.R. 16,814 Joyce Lynne ALLEN, Plaintiff-Appellant, v. CITY OF PORTLAND; Richard D. Walker, Chief of Police; George E. Fort, Police Officer, Defendants-Appellees. No. 93-35212. United States Court of Appeals, Ninth Circuit. Submitted Aug. 22, 1995. * Decided Dec. 19, 1995. As Amended Jan. 17, 1996. Joyce Lynne Allen, Portland, Oregon, Pro Se. Harry Auerbach, Deputy City Attorney, Portland, Oregon, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: CHOY, SNEED, and FERGUSON, Circuit Judges. OPINION FERGUSON, Circuit Judge: The plaintiff appeals pro se the district court's judgment for the defendants and the denial of her motion for a new trial. The plaintiff brought suit under 42 U.S.C. Sec. 1983 alleging that the defendants violated her civil rights when they arrested her without probable cause, subjected her to excessive force, and deprived her of liberty without due process of law. The plaintiff also asserted state common law claims for false arrest, battery, and negligence. We hold as a matter of law that the plaintiff was arrested without probable cause in…

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