Moline

Moline v. City of Castle Rock

Good Law
255 F. App'x 120
United States Court of Appeals for the Ninth CircuitNovember 2, 2007No. 06-35045California470 words

Opinion

Lead Opinion

MEMORANDUM **

Theodore Moline appeals the district court’s grant of summary judgment in favor of the individual defendants, Officer Brandon McNew, Officer James Queen and Paramedic Captain Kyle McCoy, and in favor of the City of Castle Rock and two City officials, on his claims under 42 U.S.C. § 1983 , arising out of a confrontation with Washington State police and emergency medical personnel at his home on August 1, 2003. He also asks this court to award him the fees incurred on this appeal, pursuant to 42 U.S.C. § 1988 , if we find in his favor. As the parties are familiar with the factual record, we do not recount it here.

We review a district court’s grant of summary judgment de novo, taking the evidence in the light most favorable to the nonmovant. Dominguez-Curry v. Nev. Transp. Dep’t, 424 F.3d 1027, 1033 (9th Cir.2005). To determine whether the individual officers are entitled to qualified immunity, we engage in a two-part inquiry. Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). First, we must determine whether the facts alleged, taken in the light most favorable to the nonmovant, demonstrate that the officers violated a constitutional…

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