Beier
Beier v. City of Lewiston
Opinion
Lead Opinion
Berzon, J.
Officer Joedy Mundell and Corporal Brad Mittendorf (collectively “the officers”) arrested Rafael Beier for violating a temporary protection order the terms of which they had neither read nor ascertained from authorized personnel. Beier brought suit under 42 U.S.C. § 1983 , asserting that the arrest was in violation of the Fourth Amendment. The officers appeal from the district court’s denial of their motion, on qualified immunity grounds, for summary judgment. We affirm.
I. BACKGROUND
In June 1997, Beier and his wife, Susan Beier (“Susan”), were in the process of divorcing. Susan called the police after a dispute arose between Beier and their son, Joseph. Mundell, a member of the Lewi-ston Police Department, responded to the call. After Mundell interviewed Susan and Beier, Beier left the premises. Mundell then described to Susan the process for obtaining a civil protection order and gave her a pamphlet concerning such orders.
Shortly afterwards, Susan applied for and obtained a temporary protection order against Beier. The order provided, as here pertinent:
A few days after obtaining the protection order, Susan attended church services. Beier appeared at the church…