United States Ninth Circuit

Defendant officers are not entitled to summary judgment on qualified immunity grounds from plaintiff's 42 U.S.C. section 1983 false arrest claim. The arrest did not comply with the Fourth Amendment, and the officers could not reasonably have believed otherwise; any reasonably competent officer would have ascertained the terms of the protection order before arresting plaintiff for failing to comply with it.

Appellate Information

• Decided 01/14/2004
• Published 01/14/2004

Judges

• Before THOMPSON, HAWKINS, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Bentley G. Stromberg,Clements, Brown & McNichols, Lewiston, ID, for the defendants-appellants., Timothy K. Ford, MacDonald, Hoague & Bayless, and Richard K. Kuck, Seattle, WA, for the plaintiff-appellee.