Cherry Dietzmann v. City of Homer

MEMORANDUM

This interlocutory appeal arises from the denial of qualified immunity to three City of Homer, Alaska, police officers (the “Homer Defendants”) for claims brought against them under 42 U.S.C. § 1983 and Alaska state law. The claims emanate from events surrounding a shootout at the Homer airport during the attempted arrest of fugitive Jason Anderson. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.

We have jurisdiction as to the denial of qualified immunity on the federal claims because after taking all inferences in the Plaintiffs’ favor, the issue on appeal is whether the facts demonstrate a violation of Plaintiffs’ clearly established, constitutional rights. Kennedy v. City of Ridgefield, 439 F.3d 1055, 1059-60 (9th Cir.2006). We have jurisdiction as to the denial of qualified immunity on the Alaska state law claims because under Alaska law qualified immunity “functions as an immunity from suit” as opposed to a “defense to liability.” See Liberal v. Estrada, 632 F.3d 1064, 1074 (9th Cir.2011); see also Olson v. City of Hooper Bay, 251 P.3d 1024 , 1030-31 n. 18 (Alaska 2011)…