Robert Kubiak v. County of Ravalli

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT EDWARD KUBIAK, No. 21-35542 Plaintiff-Appellee, D.C. No. v. 9:20-cv-00036-

DWM

COUNTY OF RAVALLI; STEPHEN

HOLTON; DARYL PETZ,

Defendants-Appellants. OPINION

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted March 18, 2022 Las Vegas, Nevada

Filed May 3, 2022

Before: Andrew J. Kleinfeld, D. Michael Fisher, * and Mark J. Bennett, Circuit Judges.

Opinion by Judge Fisher

* The Honorable D. Michael Fisher, United States Circuit Judge for the U.S. Court of Appeals for the Third Circuit, sitting by designation. SUMMARY **

Civil Rights/Civil Procedure

The panel affirmed the district court’s judgment in favor of plaintiff, entered in accordance with defendants’ Federal Rule of Civil Procedure 68 offer of judgment, in an action brought pursuant to 42 U.S.C. § 1983 challenging plaintiff’s arrest and detention.

After plaintiff brought his civil rights suit against the County of Ravalli and others, the County filed a…