Kent Louis Wallace v. Cliff Lathrope, Rick Del Fiorentino, and the City of Fort Bragg

Good Law
60 F.3d 836·1995 WL 392149·1995 U.S. App. LEXIS 25554
United States Court of Appeals for the Ninth CircuitJuly 3, 199594-15099California1,111 words

Opinion

Opinion

60 F.3d 836 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kent Louis WALLACE, Plaintiff-Appellee, v. Cliff LATHROPE, Rick Del Fiorentino, and The City of Fort Bragg, Defendants-Appellants. No. 94-15099. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * July 3, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Fort Bragg police officers Cliff Lathrope and Rick Del Fiorentino ("Officers") appeal the district court's denial of their motion for summary judgment based on qualified immunity in Kent Wallace's 42 U.S.C. Sec. 1983 action alleging that his civil rights were violated when the Officers entered his apartment and arrested him. We have jurisdiction pursuant to the collateral order doctrine, Mitchell v. Forysth, 472 U.S. 511, 530 (1985), and we affirm. The Officers and The City of Fort Bragg appeal the district court's denial of their motion for summary judgment on Wallace's pendant state claims. We dismiss this…

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