James Francis Imperiale v. Pierce County, a Municipal Corporation, Under the Laws of the State of Washington

Good Law
37 F.3d 1505·1994 WL 526967·1994 U.S. App. LEXIS 36389
United States Court of Appeals for the Ninth CircuitSeptember 28, 199493-35013California837 words

Opinion

Opinion

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Francis IMPERIALE, Plaintiff-Appellant, v. PIERCE COUNTY, a municipal corporation, under the laws of the State of Washington, Defendant-Appellee. No. 93-35013. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1994. Decided Sept. 28, 1994. Before: POOLE, BRUNETTI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Although appellant has asserted a broad range of claims against all four defendants in this 42 U.S.C. Sec. 1983 action, his case stands or falls on his Fourth Amendment challenge to Deputy Sheriff Thrash's initial warrantless entry. We hold that the district court did not err in granting Thrash qualified immunity, because a reasonable officer could have believed this entry into Imperiale's house to be lawful in light of clearly established law as of August 1989. We therefore affirm. Standard of Review 3 We review de novo the district court's decision to grant or deny summary…

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