Ae Elliot-Park v. Jarrod Manglona

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 12, 201008-16089California7,101 words

Opinion

Opinion

Facts

We recite the facts as Ae Ja Park Elliott* alleges them in her complaint. Elliott, who is racially and ethnically Korean, was driving south along 16 Highway in Papago, Saipan. Nor- bert Duenas Babauta, who is racially and ethnically Microne- sian, was driving north along the same highway when he sped through a turn, crossed onto oncoming traffic and crashed into Elliott’s car. Officer Manglona noticed the accident and approached. When Elliott asked him to call her husband, he shoved her inside her car and told her to shut up and calm down. Manglona then began conducting interviews of the wit- nesses, drivers and passengers. Officers Macaranas and Lang-

*The district court caption refers to Elliott as “Elliot-Park,” and our cap- tion follows the district court. Elliott explains on appeal that her correct name is “Ae Ja Park Elliott,” which is the name we use in our opinion. Elliott may request that the district court docket be corrected by motion on remand. ELLIOT-PARK v. MANGLONA 891 don arrived shortly thereafter and spoke to both drivers. The officers are all racially and ethnically Micronesian.

The three officers had cause to believe Babauta had been…

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