United States Ninth Circuit

In a civil rights case arising from a criminal investigation into the removal and disposal of an underground gasoline storage tank located on plaintiff-partnership's property, denial of summary judgment for defendants based on qualified immunity for their involvement in preparing, reviewing and executing two search warrants is reversed in part where defendants were entitled to qualified immunity to the extent that they relied on one particular warrant, which was not so lacking in indicia of probable cause as to render official belief in its existence unreasonable.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• GOODWIN, Circuit Judge:, Before:  ALFRED T. GOODWIN, A. WALLACE TASHIMA, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen C. Pass, Deputy Attorney General, Sacramento, CA, for defendant-appellant Aquaro;  Douglas A. Haydel, Haydel & Ornellas, Stockton, CA, for defendant-appellant/cross-appellant Irey;  Danielle R. Teeters, Johnson Schachter & Lewis, Sacramento, CA, for defendant-appellant Hall., Steven E. Moyer, Mold Davidson Fraioli Seror & Sestanovich, Los Angeles, CA, for the plaintiffs-appellees/cross-appellants.