Bernhard

Bernhard v. City of Ontario

Good Law
270 F. App'x 518
United States Court of Appeals for the Ninth CircuitMarch 13, 2008No. 06-55736California1,466 words

Opinion

lead Opinion

MEMORANDUM **

Plaintiffs are several officers in the Ontario Police Department. They brought this action under 42 U.S.C. § 1983 against various Defendants, including former Ontario Police Detective Brad Schneider (“Schneider”), alleging that Schneider violated their Fourth Amendment rights by arranging for the warrantless, covert video surveillance of their employee locker room while investigating a reported flashlight theft. On partial summary judgment, the district court held that Schneider had violated the Fourth Amendment and that he was not entitled to qualified immunity. Schneider filed this interlocutory appeal.

The parties are familiar with the facts of this case, and we do not repeat them here. We review de novo the district court’s qualified immunity determination on summary judgment. See Boyd v. Benton County, 374 F.3d 773, 778 (9th Cir.2004). We have jurisdiction under 28 U.S.C. § 1291 , see Mitchell v. Forsyth, 472 U.S. 511, 580 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), and we affirm.

“The determination of whether a law enforcement officer is entitled to qualified immunity involves a two-step analysis.” Moreno v. Baca, 431 F.3d 633, 638 (9th Cir.2005) (citing…

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