Danny Gahn v. Steven Beltz, Trooper Raymond Moss, Trooper Dennis O'brien, Trooper

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Danny GAHN, Plaintiff-Appellant, v. Steven BELTZ, Trooper; Raymond Moss, Trooper; Dennis O'Brien, Trooper, Defendants-Appellees. No. 94-35745. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1995. * Decided Dec. 1, 1995. Before: WRIGHT, FERNANDEZ, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 A. Qualified Immunity. 3 Gahn claims that the court erred in giving jury instruction No. 13D, regarding the officers' qualified immunity defense, because the question should have been decided by the court, not the jury. Whether an officer has immunity should generally be decided by the court long before trial, Hunter v. Bryant, 112 S.Ct. 534, 537 (1991), unless the right to immunity turns on the resolution of disputed facts. Sloman v. Tadlock, 21 F.3d 1462, 1468 (9th Cir.1994). See also Act Up!/Portland v. Bagley, 988 F.2d 868, 871 (9th Cir.1993). In the case at bar, the question of qualified immunity…