United States Ninth Circuit

The district court's order denying qualified immunity to defendant-police officers in an action brought under 42 U.S.C. section 1983 alleging that plaintiff's Fourth Amendment rights were violated by defendants' searches and seizures and his arrest pursuant to warrants, is reversed and remanded, where: 1) given the circumstances of this case, the police officers, prosecutors, and judicial officials were not plainly incompetent in concluding that there was a fair probability that the searches would turn up evidence of stalking and dissemination of indecent material to minors; and 2) defendant-police officers subjected every step of their invasions of plaintiff's privacy to evaluation by prosecutors and neutral judicial officials before they acted, and this prior review supports a finding of qualified immunity, shielding defendant-police officers from liability.

Appellate Information

• Decided 11/01/2013
• Published 11/01/2013

Judges

• KLEINFELD

Court

• United States Ninth Circuit

Counsel