Yasharal

Yasharal v. County of Los Angeles

Good Law
170 F. App'x 449
United States Court of Appeals for the Ninth CircuitFebruary 14, 2006No. 04-55607California999 words

Opinion

Lead Opinion

MEMORANDUM **

Katty Yasharal appeals the district court’s grant of summary judgment in favor of the County of Los Angeles and individual defendants Los Angeles County Sheriffs Department Deputies Mattes and Moya, Sergeant Bonilla, and Custody Assistant Trujillo. Yasharal also appeals the district court’s denial of her motion for relief from the time limits of Rule 36. We reverse and remand in part and affirm in part.

We reverse the district court’s judgment that the individual defendants are entitled to qualified immunity based on its finding that they engaged in a lawful “pat-down” search, because genuine issues of material fact exist as to the proper classification of the search and the conduct of the individual defendants. See LaLonde v. County of Riverside, 204 F.3d 947 , 953 n. 10 (9th Cir.2000) (“The [district] court should have determined whether the officers were entitled to qualified immunity as a matter of law on the basis of undisputed facts and, where material facts were disputed, on the plaintiffs version of events.... [0]nce the plaintiff established that material issues of fact existed, the court was required to submit the factual dispute to a jury.”); Pierce v.…

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