Kelly L. Martinez v. County of San Diego Elizabeth Foster

962 F.2d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kelly L. MARTINEZ, Plaintiff-Appellee, v. COUNTY OF SAN DIEGO; Elizabeth Foster, Defendants-Appellants. No. 90-56277. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 9, 1991. Decided May 8, 1992. Before JAMES R. BROWNING, ALARCON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Defendant Foster appeals from the denial of her motion for summary judgment on the issue of her qualified immunity from liability under 42 U.S.C. § 1983 . We reverse and remand. I. 3 On September 18, 1988, when Sergeant Elizabeth Foster of the San Diego County Sheriff's Department reported for duty as acting watch commander 1 at San Diego County's Descanso Detention Facility, Deputy Sheriff Ronald Bureau told her that an inmate informant had reported Kelly Martinez would be smuggling narcotics to her husband, inmate Johnny Martinez. 2 Bureau told Foster that the informant had provided him with accurate…