United States Ninth Circuit

In a section 1983 suit against government officials in the county sheriff's office and the county attorney's office, by owners of a local newspaper, arising from the publication of the sheriff's alleged questionable commercial real estate transactions, judgment of the district court is: 1) affirmed as to the district court's grant of qualified immunity to the former special prosecutor and the sheriff on plaintiff's malicious prosecution claims; 2) reversed as to grant of qualified immunity on the Fourteenth Amendment claims based on retaliation, false arrest, and selective prosecution; 3) reversed as to dismissal of the conspiracy claim against the county attorney; 4) affirmed as to dismissal of the federal racketeering claims; and 5) remanded for reconsideration of the claims against the county and whether to exercise supplemental jurisdiction over the state law claims.

Appellate Information

• Decided 08/29/2012
• Published 08/29/2012

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel