Marullo

Marullo v. City of Hermosa Beach

Good Law
317 F. App'x 626
United States Court of Appeals for the Ninth CircuitNovember 7, 2008No. 07-56839California1,449 words

Opinion

Lead Opinion

MEMORANDUM *

Samuel Marullo appeals the district court’s grant of summary judgment on the basis of qualified immunity to Steven Say-lor, Don Jones, Donovan Sellan and Jaime Ramirez, all of whom are officers with the City of Hermosa Beach Police Department. We affirm in part and reverse in part.

We review the district court’s denial of the qualified immunity claims de novo. See Johnson v. County of Los Angeles, 340 F.3d 787, 791 (9th Cir.2003); Grant v. City of Long Beach, 315 F.3d 1081, 1088 (9th Cir.2002). In so doing, we must first ask: “Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right?” Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 2156, 150 L.Ed.2d 272 (2001). Of course, if one party’s version of the facts is “blatantly contradicted by the reeoi"d” that version need not be accepted. Scott v. Harris, 550 U.S. 372 , 127 S.Ct. 1769, 1776 , 167 L.Ed.2d 686 (2007). If we find a violation of a constitutional right, we must then ask whether that right is clearly established. Saucier, 533 U.S. at 201, 121 S.Ct. at 2156. “The relevant, dispositive inquiry in determining whether…

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