Alford v. Haner

333 F.3d 972 Jerome Anthony ALFORD, Plaintiff-Appellant, v. Joi HANER, a Washington State Patrol Officer; Jane Doe Haner, his wife; Gerald Devenpeck, Sgt., Washington State Patrol; Jane Doe Devenpeck, his wife, Defendants-Appellees. No. 01-35141. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 2002. Filed June 23, 2003. COPYRIGHT MATERIAL OMITTED R. Stuart Phillips, Poulsbo, WA, for the plaintiff-appellant. Christine O. Gregoire, Attorney General, Eric A. Mentzer, Assistant Attorney General, Olympia, WA, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Robert J. Bryan, District Judge, Presiding. D.C. No. CV-99-05586-RJB. Before BROWNING, B. FLETCHER, and GOULD, Circuit Judges. Opinion by Judge BROWNING; Dissent by Judge GOULD. OPINION BROWNING, Circuit Judge: 1 Tony Alford spent the night in jail for tape recording a traffic stop. Since taping police officers during the performance of their public duties is not illegal under the Washington Privacy Act, the charge was dismissed by a state court. 2 Alford then filed suit under 42 U.S.C. § 1983 alleging that his arrest, incarceration…