Fisher v. City of San Jose

475 F.3d 1049 Steven FISHER, Plaintiff-Appellee, and Sandra Fisher, Plaintiff, v. CITY OF SAN JOSE, Defendant-Appellant, and City of San Jose Police Department; Officer Boler; Officer Barnett; Officer Correa; Officer Esquivel; Officer Honda; Officer Kinsworthy; Officer O'Brien; Officer Ryan; Officer Nguyen, Defendants. No. 04-16095. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 2006. Filed January 16, 2007. Clifford S. Greenberg, Senior Deputy City Attorney, San Jose, California, for defendant-appellant City of San Jose. Donald E.J. Kilmer, Jr., San Jose, California, for plaintiff-appellee Steven Fisher. Appeal from the United States District Court for the Northern District of California; Patricia V. Trumbull, Magistrate Judge, Presiding. D.C. No. CV-01-21192-PVT. Before DAVID R. THOMPSON, MARSHA S. BERZON, and CONSUELO M. CALLAHAN, Circuit Judges. Opinion by Judge BERZON; Dissent by Judge CALLAHAN. BERZON, Circuit Judge. 1 Steven Fisher claims constitutional violations stemming from a twelve-hour standoff at his apartment between him and a large number of San Jose police officers, at the end of which he came out of the apartment and submitted to…