United States Ninth Circuit

In a suit brought under 42 U.S.C. section 1983 for various constitutional violations and for various state law causes of action against a city, its police department, and officers who engineered plaintiff's arrest, summary judgment against plaintiff is reversed where: 1) on the summary judgment record, plaintiff demonstrated with regard to either of the asserted constitutional violations that a prosecutor's actions were not an intervening cause shielding the officers from liability; 2) officers lacked qualified immunity; and 3) officers could not avail themselves of the California statutory immunity they asserted.

Appellate Information

• Argued 08/10/2007
• Decided 05/28/2008
• Published 05/28/2008

Judges

• BERZON, Circuit Judge:, Before:  MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges, and JAMES K. SINGLETON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas R. Freeman (argued), Bird, Marella, Boxer, Wolpert, Nessim, Drooks, & Lincenberg, P.C., Los Angeles, CA, and Stephan J. Johnson, Reiss & Johnson, Rancho Cucamonga, CA, for the plaintiff-appellant.


• For Appellees:
  
• Samuel J. Wells (argued), Samuel J. Wells, APC, Los Angeles, CA, and William K. Hanagami, King & Hanagami, ALC, Los Angeles, CA, for the defendants-appellees.