Palmer v. Sanderson

9 F.3d 1433 Kenneth R. PALMER, a/k/a Kelly Palmer, Plaintiff-Appellee, v. Timothy SANDERSON and Jane Doe Sanderson, husband and wife; and Dennis Morrisette and Jane Doe Morrisette, husband and wife, Defendants-Appellants. Nos. 92-35290, 92-35311. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1993. Decided Nov. 23, 1993. Jack L. Burtch, Aberdeen, WA, for plaintiff-appellee. John Francis Kennedy, Tacoma, WA, for defendants-appellants. Appeal from the United States District Court for the Western District of Washington. Before: GOODWIN, SCHROEDER, and PREGERSON, Circuit Judges. PREGERSON, Circuit Judge: 1 Grays Harbor County Deputy Sheriff Timothy Sanderson, and Sheriff Dennis Morrisette, defendants in this action under 42 U.S.C. § 1983 , appeal the district court's order denying their motions for summary judgment. Sanderson and Morrisette contend that the district court erred in concluding that they are not entitled to qualified immunity as a matter of law. Morrisette also argues that he cannot be held liable under § 1983 based solely on a theory of respondeat superior. 2 We have jurisdiction under 28 U.S.C. § 1291 to review the district…