Tackett

FILED

NOT FOR PUBLICATION

JUN 4 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL TACKETT; KAREN No. 24-4924 TACKETT, A Married Couple; Estate of ASHLEY MIDBY D.C. No. 1:22-cv-00110-JZ Plaintiffs-Appellants,

MEMORANDUM*

v.

CITY OF HAILEY, a municipal corporation; STEVE ENGLAND, An Individual,

Defendants-Appellants.

Appeal from the United States District Court for the District of Idaho Jack Zouhary, District Judge, Presiding

Argued and Submitted April 11, 2025 San Francisco, CA

Before: S.R. THOMAS, PAEZ, and MILLER, Circuit Judges. Partial Concurrence and Partial Dissent by Judge MILLER.

The City of Hailey (“the City”) and its Police Chief, Steve England

(“England”) appeal the district court’s denial of their motion for summary

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. judgment. Specifically, they appeal the denial of qualified immunity to England

and the denial of summary judgment on the plaintiffs’ claims against the City (“the

Monell…