Merriman v. Walton

856 F.2d 1333 Scott B. MERRIMAN, Plaintiff-Appellee, v. Richard WALTON, Deputy Individually and in his capacity as a Deputy Sheriff for the County of Humboldt; Red Marler, Individually and in his official capacity as a Deputy Sheriff for the County of Humboldt; the County of Humboldt, State of California, Dave Renner, Sheriff, in his official capacity as the Sheriff of Humboldt County, Defendants-Appellants. No. 87-2382. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1988. Decided Sept. 7, 1988. John M. Vrieze, Mitchell, Dedekam & Angell, Eureka, Cal., for defendants-appellants. Bernard C. De Paoli, Eureka, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before GOODWIN, SCHROEDER and POOLE, Circuit Judges. GOODWIN, Chief Judge: 1 Defendants, Humboldt County sheriff officers, appeal the order denying their motion for summary judgment based upon their qualified immunity to the plaintiff's Sec. 1983 action for wrongful arrest. We affirm. 2 Scott B. Merriman was arrested by a Humboldt County deputy on suspicion of having kidnapped Wendy Cantrell, his long-time girlfriend. The…