Henry H. Cunningham v. City of Wenatchee, and Robert R. Perez

Henry Cunningham brought suit in federal district court alleging Robert Perez, a police officer with the City of Wenatchee, Washington, and other government officials, violated his civil rights during a sex abuse investigation. The district court denied Perez’s motion for summary judgment based on qualified immunity. This appeal followed, and we reverse.

I. Background

Cunningham lived in Wenatchee with his wife, Connie, and three of his four children, Jennifer, Sarah, and Jessica. In May 1994, Cunningham’s youngest daughter, Jessica, experienced behavioral and drug problems, which led to her stay at Pinecrest Hospital. While receiving treatment, Jessica claimed her father sexually abused her. After hearing Jessica’s claim, a Pinecrest employee contacted Child Protective Services (CPS) in Wenatchee. CPS notified the Wenatchee Police Department of Jessica’s disclosures.

After Cunningham learned about his daughter’s claims, he went to the Wenat- chee Police Department. Detective Perez gave Cunningham his Miranda rights, and Cunningham signed a valid waiver of those rights. Perez then interrogated him. Cunningham initially claimed he did not sexually abuse Jessica. Perez…