Garth Maag v. Richard Wessler Mike Boyer Michael Sukut City of Glasgow, Montana Valley County, Montana

This is an action filed by Garth Maag of Glasgow, Montana, under 42 U.S.C. § 1983 against three police officers and the City of Glasgow and Valley County, Montana, for taking him into custody for a medical evaluation. The officers, Richard Wessler, Mike Boyer, and Michael Sukut, appeal the denial of their motion for summary judgment in which they asserted a defense of qualified immunity. We have jurisdiction under 28 U.S.C. § 1291 . Duran v. City of Douglas, Arizona, 904 F.2d 1372, 1375 (9th Cir.1990); Baker v. Racansky, 887 F.2d 183, 185 (9th Cir.1989).

We reverse. We hold that the officers are immune because there was probable cause to take Maag into custody.

FACTS

On the evening of July 9, 1987, Arnetta Braaten, who was Garth Maag’s wife; Kay Jackson, who is Braaten’s daughter; and Kay’s sister-in-law, Marlene Jackson, asked for police assistance when they could not locate Maag. Maag, who had been suffering for several weeks from the effects of mixing toxic pesticides, was very weak, lacked motor coordination, had slurred speech, and was irrational at times. That evening, Maag had insisted on driving to Glasgow for supplies even though he knew the supply store had closed.…