Case

dissenting:

The majority holds that county sheriffs may forcibly enter a home, search, and make a warrantless arrest simply because an out-of-state warrant is listed in a federal computer database. Until today, we have held that officers may consider out-of-state computer information as one element in the determination of probable cause, but we have never held that such information satisfies the warrant requirement for forcible home entries. The majority’s ruling enlarges the authority of local law enforcement officers, obscures the difference between the powders of federal and local police, and undermines the Fourth Amendment. Therefore, I respectfully dissent on the issue of qualified immunity and the state law claim of outrage.

A.

In July, 1993, Appellant Dawn Case, who then lived in Yamhill County, Oregon, was $2,554.00 behind in court-ordered child support payments to her former husband. As a result, she was placed on probation and required to serve 48 hours in jail every month. When she again fell behind in her payments, an Oregon warrant was issued for her arrest. At that time, however, Ms. Case was living with her boyfriend Mr. Russell in Kitsap County, Washington.

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At issue in this appeal is whether a reasonable officer could believe that entering a Washington residence to arrest appellant Dawn Case on an Oregon arrest warrant was consistent with Case’s constitutional rights. Following her arrest in Kitsap County, Washington, Case brought suit against Kitsap County, Kitsap County Sheriffs Department, and various individuals (collectively “the County”) under 42 U.S.C. § 1983 . The district court granted summary judgment in favor of the County on all claims and denied Case’s motion for reconsideration.

On appeal, Case challenges the district court’s ruling that the deputies are entitled to qualified immunity and that Kitsap County and Kitsap County Sheriffs Department are not subject to municipal liability. Case also argues that the district court erroneously dismissed her state law outrage claim. We affirm.

Background

This case stems from Case’s 1993 delinquencies in her child support payments, in violation of an Oregon court order. The State of Oregon charged Case with contempt for willfully disobeying the order on eleven occasions, and the circuit court for Yamhill County, Oregon issued a warrant for her arrest. Pursuant to that warrant,…