United States Ninth Circuit

In two civil rights suits alleging, under 42 U.S.C. section 1983, that defendant-officers committed various violations of the United States Constitution during an encounter with plaintiffs that ended with the shooting death of Oscar Grant, the district court's denial of qualified immunity to defendant-officers is: 1) affirmed in part, where defendant Mehserle was not entitled to qualified immunity from Grant's father's Fourteenth Amendment claim for deprivation of a familial relationship; 2) vacated in part and remanded for the district court to determine whether there is any evidence that defendant Mehserle is responsible for the extended detentions of Anicete, Reyes, or Bryson; 3) reversed in part, where defendant Mehserle was entitled to qualified immunity from plaintiff Anicete's unlawful arrest claim because there was no evidence that he played any part in the arrest; and 4) otherwise affirmed, as to the denial of qualified immunity to defendants Mehserle and Pirone on the plaintiffs' remaining claims.

Appellate Information

• Decided 07/30/2013
• Published 07/30/2013

Judges

• MURGUIA

Court

• United States Ninth Circuit

Counsel