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United States Ninth Circuit


LEE v. GREGORY, 02-57132

Because clearly established law provides notice to a reasonable officer that knowingly causing the arrest of the wrong man pursuant to a facially valid warrant issued for his brother is unlawful, defendant's motion for summary judgment on qualified immunity grounds was properly denied.

Appellate Information

  • Argued 02/06/2004
  • Decided 04/07/2004
  • Published 04/07/2004

Judges

  • BEA, Circuit Judge:, Before:  NOONAN, THOMAS, and BEA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Robert D. McCallum, Jr., Assistant Attorney General, Washington, DC, Carol C. Lam, United States Attorney, San Diego, CA, and Barbara L. Herwig and Jeffrica Jenkins Lee, United States Department of Justice Civil Division, Washington, DC, for the defendant/appellant., Eugene G. Iredale, San Diego, CA, and Douglas S. Gilliland, San Diego, CA, for the plaintiff/appellee.
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