Kennedy v. City of Ridgefield

411 F.3d 1134 Kimberly KENNEDY, individually and in her capacity as personal representative of the estate and as guardian for her children aka Kimberly Gorton; Jay D. Kennedy, aka JD Kennedy; Keith Teufel; Tera Teufel, Plaintiffs-Appellees, v. RIDGEFIELD CITY OF, a municipal corporation and political subdivision of the State of WA; Noel Shields, Defendants-Appellants. No. 03-35333. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 17, 2004. Filed June 23, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Ray P. Cox, Forsberg & Umlauf, Seattle, WA, for the defendant-appellant. John R. Connelly, Jr., Darrell L. Cochran and Lincoln C. Beauregard, Gordon Thomas Honeywell Malanca Peterson & Daheim, Tacoma, WA, for the plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington; J. Kelley Arnold, Magistrate Judge, Presiding. D.C. No. CV-01-05631-JKA. Before JAMES R. BROWNING, A. WALLACE TASHIMA, and JAY S. BYBEE, Circuit Judges. BROWNING, Circuit Judge. 1 Defendant Noel Shields appeals the district court's ruling that he is not entitled to summary judgment against Plaintiff Kimberly Kennedy's 42…