Steven A. Shirley Peggy A. Shirley v. City of Whitefish, Montana Lonnie Herrmann William Labrie

103 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven A. SHIRLEY; Peggy A. Shirley, Plaintiffs-Appellants, v. CITY OF WHITEFISH, MONTANA; Lonnie Herrmann; William Labrie, Defendants-Appellees. No. 95-35398. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1996. Decided Dec. 6, 1996. Before: LAY, * FERGUSON, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Steven A. Shirley ("Shirley") appeals from the district court's grant of summary judgment in favor of Assistant Police Chief Lonnie Herrmann ("Herrmann") and Police Chief William LaBrie ("LaBrie"). Shirley also appeals from the district court's judgment on the pleadings in favor of the City of Whitefish, Montana (the "City"), and the magistrate judge's denial of leave to file a second amended complaint. Peggy A. Shirley ("Mrs. Shirley"), appeals from the district court's dismissal of her supplemental claim. We affirm in part and reverse in part. 3 Shirley challenges the: 1)…