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United States Ninth Circuit


Maxwell v. County of San Diego, 10-56671

In plaintiffs' suit against various defendants, including police officers, the fire department, paramedics, and the county, alleging various constitutional violations for the death of their daughter, the judgment of the district court is affirmed in part, reversed in part, and remanded where: 1) district court properly denied summary judgment on the ground of qualified immunity to the officers with regards to the Fourteenth Amendment due process claim and Fourth Amendment search and seizure claims; but 2) the district court erred in granting the fire-paramedic-defendants' motion to dismiss for lack of jurisdiction due to tribal sovereign immunity, as sovereign immunity does not bar the suit against the fire- paramedics as individuals.

Appellate Information

  • Decided 09/13/2012
  • Published 09/13/2012

Judges

  • Farris

Court

  • United States Ninth Circuit

Counsel

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