Thomas R. Rutherford v. City of Berkeley
Court of Appeals for the Ninth Circuit
1Opinion of the Court
POOLE, Circuit Judge:
Thomas R. Rutherford appeals from the district court’s grant of a directed verdict in favor of defendants on his claim under 42 U.S.C. § 1983 (1982) and related pendent state claims for lack of sufficient evidence. We reverse the judgment and remand for further proceedings.
On March 14, 1980, Rutherford and his common-law wife, Diana Rutherford, were visiting a friend, Lee Pfleiderer, in Pfleiderer’s room in a Berkeley residence hotel. As a result of complaints from other hotel guests that Rutherford, his wife, and Pfleiderer were in the room drinking and fighting, the…
2Cases cited18 opinions
- Parratt v. TaylorSupreme Court of the United States · 1981
- Monroe v. PapeSupreme Court of the United States · 1961
- Wilson v. GarciaSupreme Court of the United States · 1985
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Steffel v. ThompsonSupreme Court of the United States · 1974
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