Tuso

Lincoln v. Tuso

Good Law
16 F. App'x 622
United States Court of Appeals for the Ninth CircuitJune 18, 2001No. 00-15342; D.C. No. CV-96-01297-WHA/PJHCalifornia383 words

Opinion

Lead Opinion

MEMORANDUM *

Officials are protected from civil damages by qualified immunity if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

*624 Appellants did not waive their claims of unlawful detention. However, as we have recognized, “[plolice officers are entitled to employ reasonable methods to protect themselves and others in potentially dangerous situations.” Allen v. City of Los Angeles, 66 F.3d 1052, 1056 (9th Cir. 1995). On the facts of this record, summary judgment was appropriate in favor of the law enforcement personnel who responded to a shootout in which two persons, including one law enforcement officer, had been killed. The officers could reasonably have feared for their safety and the safety of others when Lucille Lincoln drove her vehicle into the middle of the crime scene. The officers quickly removed the appellants from the scene, and released them shortly after they were questioned. Nothing in this record suggests that the officers’ actions were contrary to clearly established law. Accordingly, the…

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