United States Ninth Circuit

In an action brought by four commercial fishers alleging that they were illegally stopped, harassed, and their automobile searched by officers of the Washington Department of Fish and Wildlife, summary judgment in favor of defendants is: 1) reversed and remanded as to the grant of qualified immunity on plaintiffs' Fourth Amendment claim, where the stop lacked any basis in suspicion of unlawful behavior or statutorily authority that would render it permissible under the administrative search exception and violated plaintiffs' Fourth Amendment rights; and 2) affirmed as to the dismissal of plaintiffs' Fourteenth Amendment substantive due process claim, where the claim was untimely.

Appellate Information

• Decided 09/09/2014
• Published 09/09/2014

Judges

• Hawkins

Court

• United States Ninth Circuit

Counsel