United States Ninth Circuit

In an action for violations of plaintiff's civil rights arising from a traffic stop and subsequent events, the district court's order denying summary judgment based on qualified immunity to defendants is affirmed where: 1) it was not a reasonable mistake for defendant-officer to believe that windows that are rolled down and that cannot be viewed at all are in fact rolled up and tinted; and 2) the traffic stop was unlawful because it did not rest on a reasonable suspicion that a violation of law had occurred.

Appellate Information

• Decided 01/19/2011
• Published 01/19/2011

Judges

• Susan P. Graber

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John L. Flegel, Anthony Boskovich