Crim

Crim v. King

Good Law
65 F. App'x 591
United States Court of Appeals for the Ninth CircuitMarch 17, 2003No. 01-57106, 02-55612; D.C. No. CV-00-00465-IEGCalifornia1,029 words

Opinion

Lead Opinion

MEMORANDUM **

John Michael Crim appeals the grant of summary judgment to defendant police officers on various § 1983 claims and the dismissal under Fed. Rule of Civ. Proc. 12(b)(6) of three claims against defendant County Sheriff Pearce. Pearce cross-appeals the denial of his motion to reconsider, the district court’s denial of qualified immunity. We affirm in part and reverse in part. Because the parties are familiar with the facts and procedural history, we will not recount them here.

I

The district court did not err in dismissing three of Crim’s claims against *593 Pearce under Fed.R.Civ.P. 12(b)(6). Crim argues that his amended complaint alleged viable claims against Pearce for failure to intervene, unreasonable seizure, and conspiracy to violate civil rights. He insists that police officers have a general “duty to intercede” whenever fellow officers are engaged in constitutional violations regardless of whether there is violent force involved. Our case law does not support this conclusion. The only case cited by Crim, United, States v. Koon, 34 F.3d 1416 , 1447 n. 25 (9th Cir.1994), vacated in part on other grounds by Koon v. United States, 518 U.S. 81 , 116 S.Ct. 2035 ,…

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