Candace Carby v. County of Butte Dale Wyrauch, Sheriff Ron Barris, Sheriff

48 F.3d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Candace CARBY, et al., Plaintiffs-Appellees, v. COUNTY OF BUTTE; Dale Wyrauch, Sheriff; Ron Barris, Sheriff, Defendants-Appellants. No. 93-16457. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1994. Decided Feb. 22, 1995. Before: SKOPIL, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM * 2 Deputy Sheriffs Dale Wyrauch and Ron Barris appeal the district court's denial of their qualified immunity claim and the court's ruling that certain documents offered in connection with their summary judgment motion were inadmissible hearsay. We affirm. I. 3 Where material issues of fact prevent a determination of qualified immunity at the summary judgment stage, the case must proceed to trial. Act Up!/ Portland v. Bagley, 988 F.2d 868, 873 (9th Cir.1993). Although not an exhaustive list, our review of the record reveals a number of issues of fact relevant to the Carbys' basic claim--i.e., that the…