Cox v. Roskelley

359 F.3d 1105 Claude COX, husband; Linda Cox, wife, Plaintiffs-Appellees, Marshall Farnell; Francine M. Boxer; Spokane County, Counter-claimants-Appellants, and John Roskelley, Counter-claimant, v. John ROSKELLEY, in his individual capacity, Defendant, and Francine M. Boxer, in her individual capacity; Marshall Farnell, in his individual capacity; Spokane County, a municipal corporation, Defendants-Appellants. No. 00-35887. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 2002 — Seattle, Washington. Filed February 20, 2004. Mary P. Gaston, Perkins Coie LLP, Spokane, Washington, for the defendants-appellants. Paul J. Burns, Spokane, Washington, for the plaintiffs-appellees. Appeal from the United States District Court for the Eastern District of Washington; Justin L. Quackenbush, Senior Judge, Presiding. D.C. No. CV-99-00075-JLQ. Before: CYNTHIA HOLCOMB HALL, A. WALLACE TASHIMA, and JOHNNIE B. RAWLINSON, Circuit Judges. Opinion by Judge Rawlinson; Dissent by Judge Hall OPINION RAWLINSON, Circuit Judge: 1 The sole issue presented in this appeal is whether the district court properly denied qualified immunity to the individual Defendants/Appellants.…