United States Ninth Circuit

In a 42 U.S.C. section 1983 claim, denial of defendant-police officers' motions for qualified immunity is affirmed where the unlawfulness of defendants' conduct would have been apparent to a reasonable officer at the time the officers planned for serving the search warrants.

Appellate Information

• Argued 12/03/2003
• Decided 04/04/2005
• Published 04/04/2005

Judges

• Before:  PAEZ, BERZON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ann Miller Ravel, County Counsel, Winifred Botha, Lead Deputy County Counsel, and Aryn Paige Harris, Deputy County Counsel, Office of the County Counsel, San Jose, CA, for defendant-appellant Linderman., Richard Doyle, City Attorney, Michael G. Groves, Senior Deputy City Attorney, Clifford Greenberg, Senior Deputy City Attorney, Office of the City Attorney, San Jose, CA, for defendants-appellants Decena, Newman, Manion, Knox, Carney, Messier, and Nieves., Karen L. Snell, Kate Dyer, and Marc H. Axelbaum, Clarence, Snell & Dyer, LLP, San Francisco, CA, for the plaintiffs-appellees.