Carnell

Carnell v. Grimm

Caution
74 F.3d 977·96 Daily Journal DAR 982·1996 WL 39405·1996 U.S. App. LEXIS 1146·96 Cal. Daily Op. Serv. 627
United States Court of Appeals for the Ninth CircuitJanuary 30, 1996No. 95-15102California1,924 words

Opinion

Lead Opinion

Hug, J.

Brenda Lynne Camell brought this 42 U.S.C. § 1983 action against various law en *978 forcement officers alleging violations of her constitutional rights when the officers arrested and detained her without first providing her with immediate medical and psychological treatment for her alleged rape. The officers moved for summary judgment on the ground of qualified immunity, which the district court denied in part. Two officers appealed. We affirm.

I.

The factual background as set forth by the district court in relevant part is as follows: On November 1, 1992, Carnell celebrated Halloween at Honolulu’s Restaurant Row. According to Carnell, she accepted a ride home from a man who raped her in his car in the vicinity of Restaurant Row. With Car-nell still in his car, the man drove onto the Nimitz Highway, where he stopped at a stoplight. Carnell fled from the car, the man tried to prevent her escape, bystanders intervened, and Restaurant Row security called the police.

Responding to the call regarding the possible sexual assault at 4:30 a.m., Officer Flynn saw Carnell running down the middle of the road. Carnell contends that she was in the road at times, but was running on the side…

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