Chweya

Chweya v. Baca

Good Law
130 F. App'x 865
United States Court of Appeals for the Ninth CircuitMay 5, 2005No. 03-56226California1,433 words

Opinion

Lead Opinion

MEMORANDUM **

R. Chweya appeals the district court’s grant of summary judgment in favor of Deputy Sheriffs Hoglund and Cabrera and Sheriff Baca (“Defendants”) in this section 42 U.S.C. §§ 1983 , § 1985(3) action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm summary judgment as to Chweya’s unlawful detention, arrest, and conspiracy claims against the deputy sheriffs, and Sheriff Baca. However, we reverse judgment as to Chweya’s malicious prosecution claim against Deputy Sheriffs Hoglund and Cabrera, and hold that the deputies are not entitled to qualified immunity against this claim.

1. Deputy Hoglund had reasonable suspicion to detain Chweya. Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Deputy Hogland received a call after 10:00 p.m. reporting that a group of youths were standing in front of the homes on the block in question. Because some of the persons with whom Chweya was standing appeared to be under age 18, the deputy had reason to believe that they had gathered in violation of the City of Bellflower’s 10:00 p.m curfew. These circumstances constitute “specific, articulable facts,” which form a reasonable basis for the stop. United…

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