Way

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NOELLE WAY, 

Plaintiff-Appellee, v. COUNTY OF VENTURA; ROBERT No. 04-55457

BROOKS; KAREN HANSON,

Defendants-Appellants,  D.C. No.

CV-01-05401-CBM

and OPINION ROBERT ORTIEZ, Ventura Police Officer, Defendant.  Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, Chief Judge, Presiding

Argued and Submitted December 8, 2005—Pasadena, California

Filed April 20, 2006

Before: Pamela Ann Rymer and Kim McLane Wardlaw, Circuit Judges, and Edward C. Reed, Jr.,* District Judge.

Opinion by Judge Rymer; Concurrence by Judge Wardlaw

*The Honorable Edward C. Reed, Jr., Senior United States District Judge for the District of Nevada, sitting by designation. COUNSEL

Alan E. Wisotsky and Jeffrey Held, Law Offices of Alan E. Wisotsky, Oxnard, California, for the defendants-appellants.

Earnest C.S. Bell, Law Offices of Earnest C.S. Bell, Ventura, California, for the plaintiff-appellee.

OPINION

RYMER, Circuit Judge:

We must decide whether Ventura…