Walter Hoye, Ii v. City of Oakland

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT WALTER B. HOYE, II,  No. 09-16753 Plaintiff-Appellant, v.  D.C. No. 3:07-cv-06411-CRB CITY OF OAKLAND, OPINION Defendant-Appellee.  Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding Argued and Submitted October 8, 2010—San Francisco, California Filed July 28, 2011 Before: Stephen Reinhardt and Marsha S. Berzon, Circuit Judges, and Louis H. Pollak, Senior District Judge.* Opinion by Judge Berzon *The Honorable Louis H. Pollak, Senior District…