Frunz v. City Of Tacoma

476 F.3d 661 Susan FRUNZ, Plaintiff-Appellee, v. CITY OF TACOMA, a municipal corporation; Tacoma Police Department; Alan Morris, TPD Officer, in his individual capacity; Gary T. Stril, TPD Sergeant; David Alred, TPD Officer, in his individual capacity, Defendants-Appellants. No. 05-35302. United States Court of Appeals, Ninth Circuit. January 16, 2007. 1 Jean P. Homan, Esq., Tacoma City Attorney's Office, Tacoma, WA, for Defendants-Appellants. 2 Before ALEX KOZINSKI and FERDINAND F. FERNANDEZ, Circuit Judges, and CORMAC J. CARNEY, * District Judge. ORDER 3 Defendants have responded to our order to show cause. See Frunz v. City of Tacoma, 468 F.3d 1141 , 1147 n. 10 (9th Cir. 2006). They argue that their appeal wasn't frivolous because they reasonably relied on relevant case authorities, notably, Murdock v. Stout, 54 F.3d 1437 (9th Cir. 1995). We quote at length from the response: 4 Like the instant case, the situation in Murdock began with a call from a neighbor who reported suspicious activity. But the initial neighbor's report in Murdock provided the officers with far less information than the report by Mr. Staples in the instant case. In Murdock , all the neighbor reported was…