United States Ninth Circuit

In an action against police officers, denial of summary judgment is affirmed because the answer to the police officer's qualified immunity defense depends on disputed issues of material fact, which is not a legal inquiry, but rather a question of fact best resolved by a jury.

Appellate Information

• Argued 10/06/2003
• Decided 11/20/2003
• Published 11/20/2003

Judges

• Before HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Todd Boley, Oakland, CA, for the Defendants-Appellants., Michael J. Haddad, Oakland, CA, for the Plaintiffs-Appellees.