Decoria

Decoria v. County of Jefferson

Good Law
333 F. App'x 171
United States Court of Appeals for the Ninth CircuitMay 20, 2009No. 07-36066California1,100 words

Opinion

Lead Opinion

MEMORANDUM *

Officer Mike Titland appeals the district court’s denial of his motion for summary judgment, arguing that he is entitled to qualified immunity from a 42 U.S.C. § 1983 suit filed by Paula Decoria, on behalf of herself and her minor child, T.D. The Decorias allege that Titland violated T.D.’s substantive due process right to be free from bodily harm by exposing T.D. “to a danger which ... she would not have otherwise faced.” Kennedy v. City of Ridgefield, 439 F.3d 1055, 1061 (9th Cir.2006) (citing DeShaney v. Winnebago County Dep’t of Soc. Serv., 489 U.S. 189, 197 , 109 S.Ct. 998 , 103 L.Ed.2d 249 (1989); Wood v. Ostrander, 879 F.2d 583, 589-90 (9th Cir.1989)). These allegations arise from T.D.’s rape by an alleged sex offender, Walt Correia, in 2005. A few days prior to the rape, Titland, after contacting Correia’s probation officer, arranged for Correia to stay at the Parsons’ home, the location where the alleged rape occurred.

As a threshold matter, we have jurisdiction to review Titland’s challenge to the district court’s denial of summary judgment. Although “a defendant, entitled to invoke a qualified immunity defense, may not appeal a district court’s summary…

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