UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CITY OF UPLAND; CITY OF UPLAND
POLICE DEPARTMENT; MARTIN
THOUVENELL, City of Upland
Police Chief; JEFF MENDENHALL,
Upland Police Officer; MICHAEL
INTRAVAIA ROCK AND SAND
CORPORATION; RON WILLEMSEN; LEE
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Argued and Submitted
August 10, 2007—Pasadena, California
Filed May 28, 2008
Before: Marsha S. Berzon and Sandra S. Ikuta,
Circuit Judges, and James K. Singleton,* District Judge.
*The Honorable James K. Singleton, Senior United States District
Judge for the District of Alaska, sitting by designation.
Opinion by Judge Berzon;
Partial Concurrence and Partial Dissent by Judge Ikuta
BECK v. CITY OF UPLAND
Thomas R. Freeman (argued), Bird, Marella, Boxer, Wolpert,
Nessim, Drooks, & Lincenberg, P.C., Los Angeles, Califor-
nia, and Stephan J. Johnson, Reiss & Johnson, Rancho Cuca-
monga, California, for the plaintiff-appellant.
Samuel J. Wells (argued), Samuel J. Wells, APC, Los Ange-
les, California, and William K. Hanagami, King & Hanagami,
ALC, Los Angeles, California, for the defendants-appellees.
BERZON, Circuit Judge:
Kenneth Beck and the City of Upland, California, engaged
for months in an escalating series of disputes arising from
Beck’s protests against a city contract granted to one of his
competitors. In the incident that gave rise to this case, Beck
was arrested six days after he confronted two city police offi-
cers over what he felt to be unfair treatment by the city.
Beck’s arrest was pursuant to a warrant for two felony viola-
tions of a California statute prohibiting threats of violence
made to deter police officers from performing their duties.
The warrant, we conclude — as did the state courts consider-
ing the criminal charges — wa