Ernst

Ernst v. City of Bellingham

Good Law
177 F. App'x 652
United States Court of Appeals for the Ninth CircuitApril 18, 2006No. 04-35613; D.C. No. CV-03-00046-JCCCalifornia670 words

Opinion

Lead Opinion

MEMORANDUM **

Joann Ernst brought an action under 42 U.S.C. § 1983 against the City of Bellingham, Washington, and several city officials, complaining of her arrest and prosecution following a protest at a city council meeting. The district court granted defendants’ summary judgment motion, and Ernst appeals from that judgment. The facts are known to the parties and are repeated here only as necessary.

Bellingham Mayor Mark Asmundson declared by affidavit that he left the city council meeting before Ernst’s protest and had no involvement in her subsequent arrest and prosecution. Because Asmundson could only be liable if he was personally involved in violating Ernst’s constitutional rights, Mackinney v. Nielsen, 69 F.3d 1002, 1008 (9th Cir.1995), he was entitled to summary judgment.

*654 City Attorney Joan Hoisington attended the city council meeting and later reviewed a tape of the meeting to determine whether the protesters should be charged with a crime. As a prosecutor, Hoisington was entitled to absolute immunity for her “professional evaluation of the evidence assembled by the police.” Buckley v. Fitzsimmons, 509 U.S. 259, 273 , 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993); see…

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