Gausvik v. Perez

392 F.3d 1006 Ralph GAUSVIK, Individually, Plaintiff-Appellant, v. Robert Ricardo PEREZ, individually and his official capacity; Kenneth Badgley, individually, and his official capacity; Earl Tilley, individually, and his official capacity; City of Wenatchee, a municipal corporation; Wenatchee Municipal Police Department, Defendants-Appellees. No. 04-35130. United States Court of Appeals, Ninth Circuit. Submitted October 15, 2004. * Filed November 18, 2004. Ordered Published December 13, 2004. Tyler K. Firkins, Van Siclen, Stocks & Firkins, Auburn, WA, for the plaintiff-appellant. Patrick McMahon, Carlson, McMahon & Sealby, Wenatchee, WA, for the defendants-appellees. 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: LAY, ** FERGUSON, and GOULD, Circuit Judges. LAY, Circuit Judge: 1 Ralph Gausvik brought suit against Officer Robert Perez, alleging that the latter had violated his civil rights during a sexual abuse investigation. On September 16, 2002, the district court found that Perez was not entitled to summary judgment on the basis of qualified immunity. On…