Gausvik v. Perez

Good Law
2003 Daily Journal DAR 11194·345 F.3d 813·2003 Cal. Daily Op. Serv. 8872·2003 U.S. App. LEXIS 20220
United States Court of Appeals for the Ninth CircuitOctober 3, 200302-35902California2,294 words

Opinion

Opinion

345 F.3d 813 Ralph GAUSVIK, individually, Plaintiff-Appellee, v. Robert Ricardo PEREZ, individually, and his official capacity, Defendant-Appellant, and Kenneth J. Badgley, individually, and his official capacity, et al., Defendants. No. 02-35902. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 2, 2003 — Seattle, Washington. Filed October 3, 2003. Patrick McMahon, Carlson, McMahon & Sealby, Wenatchee, Washington, for the defendant-appellant. Tyler K. Firkins, Van Siclen, Stocks & Firkins, Auburn, Washington, for the plaintiff-appellee. Appeal from the United States District Court for the Eastern District of Washington; Alan A. McDonald, District Judge, Presiding. D.C. No. CV-01-00071-AAM. Before: Donald P. Lay, * Warren J. Ferguson, and Ronald M. Gould, Circuit Judges. OPINION LAY, Circuit Judge. 1 Ralph Gausvik brought suit against Detective Robert Perez, alleging Perez violated his civil rights during a sex abuse investigation. The district court denied Perez's motion for summary judgment based on qualified immunity. Perez appeals, and we reverse. I. Background 2 Perez worked as a police officer in Wenatchee, Washington. Perez lived with…

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