Legal Opinion
Jack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les Bergman
Court of Appeals for the Ninth Circuit
Decided December 28, 1981No. 80-3027PublishedCited by 182 opinions
1Opinion of the Court
JAMESON, District Judge:
Defendant-appellee Bergman, a police officer of the City of Roseburg, was present at an illegal repossession by a creditor of a semi-tractor purchased under contract by plaintiff-appellant, Jack Harris. The district court granted summary judgment in favor of Bergman and the City of Rose-burg, holding that Bergman could not be held liable for an alleged deprivation of appellant’s constitutional rights under 42 U.S.C. § 1983, because the officer never had actual or constructive possession of the semi-tractor. Although we conclude that the court incorrectly interpreted §…
2Cases cited22 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Pierson v. RaySupreme Court of the United States · 1967
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Johnson v. DuffyCourt of Appeals for the Ninth Circuit · 1978
17 more not listed; retrieve them via the Exa API.
3Cited by182 opinions
- Frederick C. Wilborn v. Antonio Escalderon and Ruth RushenCourt of Appeals for the Ninth Circuit · 1986
- Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
- Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
- Robert Allen Howerton, and Roxanna Howerton v. Jess Gabica and Marjorie GabicaCourt of Appeals for the Ninth Circuit · 1983
- Remo Benigni, Dba the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott JerniganCourt of Appeals for the Ninth Circuit · 1989
177 more not listed; retrieve them via the Exa API.