there is a difference in tamayoshi and bacera's situation - that T is a full-time officer, while B was volunteer reserve officer.  hence, bacera had no real real authority in what occurred, he was there merely to assist on whatever the two full time cops did, right or wrong.  B could not do anything but T as a full-time copy could have talked the other offending cop that possibly he was being to aggressive, but he did not do, thereby being complicit.  hence, the city should not pay his legal fees for knowingly being derelict in his duties