Anthony Jetton, by and Through His Guardian Ad Litem, Cathy McKinley Individual v. City of Downey

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthony JETTON, By and Through his guardian ad litem, Cathy McKINLEY, individual, Plaintiff-Appellant, v. CITY OF DOWNEY, et al., Defendants-Appellees. No. 94-56157. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 11, 1995. Decided May 22, 1996. 1 Before: SCHROEDER and O'SCANNLAIN, Circuit Judges, and BURNS, * District Judge. 2 MEMORANDUM ** 3 On November 19, 1990, plaintiff Anthony Jetton was bitten by a police dog during his arrest by two city of Downey police officers. On March 17, 1993, Jetton filed a 42 U.S.C. § 1983 action in federal district court against the arresting officers, Downey Police Chief Clayton Mayes, and the city of Downey, alleging that the defendants used excessive force against him in violation of the Fourth Amendment. 4 The court bifurcated the trial over Jetton's objection, so that the first phase of the trial would address the excessive force claim against…