United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging a false arrest, summary judgment for Defendants based on qualified immunity is affirmed in part, where Defendant-Officer had reasonable suspicion that Plaintiff was using drugs, but reversed in part, where there was no reasonable suspicion that Plaintiff possessed a weapon.

Appellate Information

• Argued 12/08/2006
• Decided 03/25/2009
• Published 03/25/2009

Judges

• BRUNETTI, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, MELVIN BRUNETTI and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• E. Thomas Barham, Jr. and Shirley A. Ostrow, Law Offices of Barham and Ostrow, Los Alamitos, CA, for the plaintiff-appellant.


• For Appellees:
  
• Mitchell E. Abbott, Michael P. Coyne, and Robert C. Ceccon, Richards, Watson, & Gershon, Los Angeles, CA, for the defendants-appellees.