Legal Opinion
Elbert B. POPPELL, Plaintiff-Appellee, v. CITY OF SAN DIEGO; Sharren Carr; Chris Larson; Donald Albright, Defendants-Appellants
Court of Appeals for the Ninth Circuit
Decided July 10, 1998No. 96-56844PublishedCited by 32 opinions
1Opinion of the Court
TROTT, Circuit Judge:
I
Overview
Elbert Poppell, the operator of a private membership nudist club, filed a civil rights action pursuant to 42 U.S.C. § 1983 coupled with supplemental state tort and constitutional claims against the City of San Diego and various of its employees. Poppell contended as the gravamen of his civil rights claims that Zoning Administrator Sharren Carr and the City of San Diego selectively, punitively, and maliciously had caused him on an earlier occasion to be prosecuted by the San Diego City Attorney for zoning code violations. As a result of this criminal prosecution,…
2Cases cited23 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Sterling Usher v. City of Los Angeles, Richard A. Gonzales, Michael E. Melton, Jose E. Ramirez, Joe Rios, and Robert L. VannCourt of Appeals for the Ninth Circuit · 1987
- L.R. Bretz v. Zollie Kelman, Jack R. Lande, Eugene R. WelbornCourt of Appeals for the Ninth Circuit · 1985
- Galloway v. United StatesSupreme Court of the United States · 1943
18 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Esau Awabdy v. City of Adelanto Scott Burnell Ted Hartz Richard Althouse, Michael Sakamoto, Does I-X, InclusiveCourt of Appeals for the Ninth Circuit · 2004
- Pierce v. GilchristCourt of Appeals for the Tenth Circuit · 2004
- Castellano v. FragozoCourt of Appeals for the Fifth Circuit · 2003
- Three Boys Music Corp. v. BoltonCourt of Appeals for the Ninth Circuit · 2000
- McSherry v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2009
27 more not listed; retrieve them via the Exa API.