United States Ninth Circuit

Summary judgment for defendant in an action brought by plaintiff, an airline passenger, against defendant, the Prosecuting Attorney for King County, who had filed a criminal complaint against plaintiff for an altercation that occurred on a flight between plaintiff and two flight attendants, is affirmed, where: 1) Federal Rule of Civil Procedure 56, in its current form, prohibits a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party fails to respond; however, 2) on the merits, defendant was entitled to prosecutorial immunity for his decision to initiate the prosecution against plaintiff.

Appellate Information

• Decided 09/24/2013
• Published 09/24/2013

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel