Julie Ballou v. James McElvain

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JULIE BALLOU, No. 20-35416 Plaintiff-Appellee, D.C. No. v. 3:19-cv-05002-

RBL

JAMES MCELVAIN, PHD, in his individual and representative capacity, ORDER AND Defendant-Appellant, AMENDED

OPINION

and

CITY OF VANCOUVER, a municipal corporation, Defendant.

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted May 6, 2021 Seattle, Washington

Filed September 28, 2021 Amended March 24, 2022 Before: Mary H. Murguia, Chief Judge, and Danny J. Boggs * and Marsha S. Berzon, Circuit Judges.

Order; Opinion by Judge Berzon

SUMMARY **

Civil Rights

The panel amended its opinion filed on September 28, 2021, filed an amended opinion, denied a petition for panel rehearing, denied a petition for rehearing en banc on behalf of the court, and ordered that no further petitions shall be entertained.

In the amended opinion, the panel affirmed the district court’s order denying, on summary judgment, qualified immunity to Police Chief…