United States Ninth Circuit

In a suit under 42 USC section 1983 alleging that two agents of the Nevada Gaming Control Board violated the plaintiff's rights under the Fourth Amendment by arresting him without probable cause to believe that he had committed a crime, the district court's denial of the defendants' motion for summary judgment on the basis of qualified immunity is reversed, where: 1) the district court erred when it reserved the issue of whether the defendants had qualified immunity for the jury even though the parties did not materially dispute what facts the defendants knew when they arrested the plaintiff; and 2) the defendants did not violate clearly established rights by arresting the plaintiff, and so were entitled to qualified immunity.

Appellate Information

• Decided 03/09/2012
• Published 03/09/2012

Judges

• Rakoff

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John S. Michela, Jeffrey A. Dickerson