Kennedy v. City of Ridgefield

439 F.3d 1055 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. CITY OF RIDGEFIELD, 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 March 7, 2006. COPYRIGHT MATERIAL OMITTED John R. Connelly, Jr., Darrell L. Cochran and Lincoln C. Beauregard, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, WA, for the plaintiffs-appellees. Ray P. Cox, Forsberg & Umlauf, Seattle, WA, for the defendants-appellants. Appeal from the United States District Court for the Western District of Washington; J. Kelley Arnold, Magistrate, Presiding. D.C. No. CV-01-05631-JKA. Before: BROWNING, TASHIMA, and BYBEE, Circuit Judges. BROWNING, Circuit Judge: 1 Defendant Noel Shields appeals the denial of his motion for summary judgment based on his assertion of qualified immunity against Plaintiff Kimberly Kennedy's 42 U.S.C. § 1983 claim. He…