Gallegos v. City Of Los Angeles

308 F.3d 987 Francisco GALLEGOS, Plaintiff-Appellant, v. CITY OF LOS ANGELES; Bernard Parks, individually and as Chief of Police; Young C. Honor, Officer; Mark Cohan, Officer; Waihong Wong, Sgt., all individually and as peace officers, Defendants-Appellees. No. 01-56021. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 2002. Filed October 11, 2002. Ellen Hammill Ellison, Los Angeles, CA, for the plaintiff-appellant. Janet G. Bogigian, Deputy City Attorney, Los Angeles, CA, for the defendants-appellees. Appeal from the United States District Court for the Central District of California; Manuel L. Real, District Judge, Presiding. D.C. No. CV-00-10556-R/AJWx. Before: ALARCÓN, SILVERMAN, and RAWLINSON, Circuit Judges. Opinion by Judge SILVERMAN; Dissent by Judge RAWLINSON. SILVERMAN, Circuit Judge. 1 Responding to a 911 call and mistakenly believing Francisco Gallegos to be a burglary suspect, police pulled him over, ordered him out of his truck at gunpoint, handcuffed him, and placed him in the back of a patrol car. Police then brought Gallegos to the scene of the reported incident, where it was confirmed that he was not the suspect. He was returned to…