United States Ninth Circuit

In a 42 U.S.C. section 1983 action arising from the detention of Mario A. Garcia on a felony warrant issued for Mario L. Garcia, the district court's denial of defendants' motion to dismiss and denial of defendants' motions for qualified immunity, quasi-judicial immunity, and state law immunity are affirmed where: 1) plaintiff has sufficiently pleaded a Fourteenth Amendment violation arising from law enforcement's failure to investigate his claim of mistaken identity; and 2) the circumstances of this case do not provides grounds for state or federal immunity at this stage.

Appellate Information

• Published 2016/02/03

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel