United States Ninth Circuit

In a 42 U.S.C. section 1983 suit against San Francisco, its police department, chief, and certain officers arising from plaintiff's arrest, denial of qualified immunity for two officers is affirmed where, given all of the circumstances surrounding plaintiff's arrest, no prudent person could have concluded reasonably that there was a fair probability he had committed a crime.

Appellate Information

• Decided 08/28/2007
• Published 08/28/2007

Judges

• D.W. NELSON, Senior Circuit Judge:, Before:  D.W. NELSON and CONSUELO M. CALLAHAN, Circuit Judges, and CORMAC J. CARNEY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Scott D. Wiener, San Francisco, CA, for the defendants-appellants., Lawrence W. Fasano, Jr., San Francisco, CA, for the plaintiff-appellee.