Ackley v. Lincoln County, Idaho

8 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alfred ACKLEY; Lillian Ackley, husband and wife, individually; Lillian Ackley, as Guardian ad litem for Jaycee Lyn Ackley, a minor, Plaintiffs-Appellants, v. LINCOLN COUNTY, IDAHO; Lincoln County Sheriff's Department; and Robert Quiroga, Defendants-Appellees. No. 91-36245. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 3, 1993. Decided Sept. 30, 1993. Before: WALLACE, Chief Judge, WRIGHT and NOONAN, Circuit Judges. MEMORANDUM 1 The Ackleys appeal the district court's summary judgment in this wrongful death action in favor of Lincoln County, Idaho, the Sheriff's Department and Deputy Sheriff Quiroga (Lincoln County). The district court had jurisdiction over this diversity suit under 28 U.S.C. § 1332 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We hold that there is a genuine issue of material fact and reverse the decision of the district court. 2…