Michael v. Stuhff v. Los Vegas Metropolitan Police Department

Good Law
983 F.2d 1077·1993 WL 7249·1993 U.S. App. LEXIS 5672
United States Court of Appeals for the Ninth CircuitJanuary 13, 199391-16302California713 words

Opinion

Opinion

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael V. STUHFF, Plaintiff/Appellee, v. LOS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants/Appellants. No. 91-16302. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 18, 1992. Decided Jan. 13, 1993. Before SCHROEDER, WILLIAM A. NORRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Michael Stuhff brought a § 1983 action against the Los Vegas Police Department and Officers Tom Maurine and Clinton Northrop on the basis of what Stuhff maintains was an unlawful arrest. The district court denied the defendants' motion for summary judgment on the basis of qualified immunity. 3 Qualified immunity is appropriate if "a reasonable officer could have believed [Stuhff's arrest] to be lawful, in light of clearly established law and the information the [arresting] officers possessed." Anderson v. Creighton, 483 U.S. 635, 641 (1987). This determination contains two elements. Was the law…

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