96 Cal. Daily Op. Serv. 2166, 96 Daily Journal D.A.R. 3651, 96 Daily Journal D.A.R. 3768 Frederick M. Stiesberg, Jr. v. State of California California Highway Patrol Maurice J. Hannigan, Individually and as Commissioner of the California Highway Patrol Dwight Helmick, Individually and as Deputy Commissioner of the California Highway Patrol Ken Anderson, Individually and as Assistant Commissioner of the California Highway Patrol

80 F.3d 353 96 Cal. Daily Op. Serv. 2166 , 96 Daily Journal D.A.R. 3651, 96 Daily Journal D.A.R. 3768 Frederick M. STIESBERG, Jr., Plaintiff-Appellant, v. STATE OF CALIFORNIA; California Highway Patrol; Maurice J. Hannigan, individually and as Commissioner of the California Highway Patrol; Dwight Helmick, individually and as Deputy Commissioner of the California Highway Patrol; Ken Anderson, individually and as Assistant Commissioner of the California Highway Patrol, Defendants-Appellees. No. 94-15875. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided March 29, 1996. Joe R. McCray and Roberta D. Perkins, San Francisco, California, for plaintiff-appellant. Andrew M. Wolfe, Nielsen, Merksamer, Parrinello, Mueller & Naylor, Mill Valley, California, for defendants-appellees. Appeal from the United States District Court for the Eastern District of California, No. CV-92-01037-GEB; Garland E. Burrell, District Judge, Presiding. Before: WALLACE and LEAVY, Circuit Judges, and BAIRD, * District Judge. LEAVY, Circuit Judge: 1 A police officer appeals from the district court's dismissal of his civil rights action against the officer's employer and…