Diaz v. Gates

380 F.3d 480 David DIAZ, Plaintiff-Appellant, v. Daryl GATES; Willie L. Williams; Richard Alarcon; Richard Alatorre; Hal Bernson; Marvin Braude; Laura Chick; John Ferraro; Michael Feuer; Ruth Galanter; Nate Holden, et al., Defendants, and Bernard C. Parks, Chief of Los Angeles Police Department, Defendant-Appellee. No. 02-56818. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 8, 2003. Filed January 20, 2004. Amended August 23, 2004. Stephen Yagman, Esq., Venice, CA, for the appellant. Janet G. Bogigian, DCA, Los Angeles, CA, for the appellee. Appeal from the United States District Court for the Central District of California; Gary A. Feess, District Judge, Presiding. D.C. No. CV-01-06400-GAF. Before: BRUNETTI, NELSON, and SILVERMAN, Circuit Judges. ORDER 1 The opinion filed January 20, 2004, is amended. The amended opinion and Judge Silverman's dissent have been sent for filing. 2 No subsequent petitions for rehearing and petitions for rehearing en banc may be filed in response to the amended opinion. OPINION BRUNETTI, Circuit Judge: 3 David Diaz appeals the district court's dismissal of his complaint pursuant to Federal Rule of Civil Procedure…