Mills v. Graves

930 F.2d 729 Irene MILLS, dba Unicorn Leasing Co., Inc.; Clarence Mills, dba Unicorn Development Co., Inc., Plaintiffs-Appellants, v. R.J. GRAVES, Island County Sheriff; John J. Robertson; Jane Doe Robertson, and the marital community comprised thereof, Defendants-Appellees. No. 90-35086. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1990. Decided April 11, 1991. As Amended on Denial of Rehearing and Rehearing En Banc June 4, 1991. Scott A. Milburn, Preston, Thorgrimson, Shilder, Gates & Ellis, Seattle, Wash., for plaintiffs-appellants. Stephen Powell Larson, Stafford, Frey, Cooper & Stewart, Seattle, Wash., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington. Before TANG, O'SCANNLAIN and LEAVY, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 We must determine whether the district court properly dismissed, on a motion for summary judgment, appellants' section 1983 action against a police officer. The claimed civil rights violation was the seizure and forfeiture of construction equipment purportedly owned by the Millses. We conclude that the officer was protected from liability by…