Alford v. Haner

418 F.3d 1004 Jerome Anthony ALFORD, Plaintiff-Appellant, v. Joi HANER, a Washington State Patrol Officer; John Doe Haner, her husband; Gerald Devenpeck, Sgt., Washington State Patrol; Jane Doe Devenpeck, his wife, Defendants-Appellees. No. 01-35141. United States Court of Appeals, Ninth Circuit. August 9, 2005. Randy W. Loun, Esq., Loun & Tyner, Bremerton, WA, for Plaintiff-Appellant. Michael Patrick Lynch, Esq., Eric A. Mentzer, Office of the Washington Attorney General, Olympia, WA, for Defendants-Appellees. On Remand from the United States Supreme Court. D.C. No. CV-99-05586-RJB. Before BROWNING, B. FLETCHER, and GOULD, Circuit Judges. ORDER 1 This case has returned to us on remand from the Supreme Court. See Devenpeck v. Alford, ___ U.S. ___, 125 S.Ct. 588 , 160 L.Ed.2d 537 (2004), reversing Alford v. Haner, 333 F.3d 972 (9th Cir.2003). In turn, we now remand the case to the district court. 2 As the Supreme Court has pointed out, we did not, in our original disposition, decide whether the police had probable cause to arrest Alford for obstructing a law enforcement officer or for impersonating a law enforcement officer. See 125 S.Ct. at 595 . Our review of the record below…