Cuevas

I. Statement of Facts

This case arises out of a botched attempt by law enforce- ment to locate a parolee in Plaintiffs’ residence. On Septem- ber 19, 1999, the parolee, Randy Witmore, was arrested in 1 We decline to strike Plaintiffs’ opening brief, which, despite some inaccuracies, adequately states their case. 2 Plaintiffs also sued several other parties, including Parole Agent Jon de Roco, but they have either settled with those parties or have not pursued their case against them on appeal. De Roco’s superiors, Rick Rimmer and Sharon Jackson, were dismissed by stipulation in the district court. 7668 CUEVAS v. DE ROCO Diamond Springs, California, for possession of explosive devices, apparently after he was stopped for driving under the influence. On the arrest form, Witmore’s residence is listed as 464 Capella Drive in Diamond Springs (“the Diamond Springs address”).

However, from 1990 to May 2003, that address belonged to the family of Lori Rodrigues, a friend of Witmore’s. While it is not clear whether Witmore also may have lived at the Diamond Springs address around the time of his 1999 arrest, Rodrigues declared that Witmore did not live at the…