Harold E. Smith v. City of Los Angeles Harold Moberly Kerell Broussard

96 F.3d 1451 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harold E. SMITH, Plaintiff-Appellant, v. CITY OF LOS ANGELES; Harold Moberly; Kerell Broussard, Defendants-Appellees. No. 95-55226. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1996. Decided Sep. 4, 1996. Before: D.W. NELSON, T.G. NELSON, and THOMAS, Circuit Judges. 1 MEMORANDUM * 2 Harold Smith seeks reversal of the district court's grant of judgment as a matter of law in favor of defendants in his 42 U.S.C. § 1983 claim. Smith alleged in his complaint that Los Angeles Police Department ("LAPD") officers used excessive force when they arrested him on July 26, 1990. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse. Because the parties are familiar with the procedural background and both plaintiff's and defendants' versions of the facts, we do not repeat them here. 3 Government officials are entitled to qualified immunity unless their conduct violates…