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John v. City of Los Angeles

filed: October 29, 1991.

STANLEY R. JOHN; PAULA SANTIAGO; PATRICK HARRIS; MICHAEL HOUSMAN; KENNETH FISHER; JAMES FRASSETT, PLAINTIFFS-APPELLANTS,
v.
CITY OF LOS ANGELES; LOS ANGELES POLICE DEPARTMENT; DARYL GATES; WILLIAM BOOTH, DEFENDANTS-APPELLEES



Appeal from the United States District Court for the Central District of California; D.C. No. CV-89-4766-AWT; A. Wallace Tashima, District Judge, Presiding.

Browning, D.w. Nelson and Reinhardt, Circuit Judges.

Order

Plaintiffs appealed from the denial of a preliminary injunction. Since the parties have settled this case by stipulating to a final judgment imposing a permanent injunction, the appeal has become moot.

We reject plaintiffs' contention the appeal is not moot because of the need for a decision on the merits of plaintiffs' claim the police tactics are unconstitutional. This appeal does not directly concern the merits of plaintiffs' claims, only whether preliminary relief should have been granted. See University of Texas v. Camenisch, 451 U.S. 390 (1981) (discussing distinction between a decision on the merits and a decision on whether a preliminary injunction should be granted).

The appeal is DISMISSED.

19911029

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