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WOOD v. OSTRANDER

No. 87-3924.

851 F.2d 1212 (1988)

Linda K. WOOD, Plaintiff-Appellant, v. Steven C. OSTRANDER; Neil Maloney, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1988.

Attorney(s) appearing for the Case

Paul Lindenmuth, Neil J. Hoff, Tacoma, Wash., for plaintiff-appellant.

Betty Edwards, Asst. Atty. Gen. (on brief), Rene D. Tomisser, Asst. Atty. Gen. (argued), Olympia, Wash., for defendants-appellees.

Before FLETCHER and THOMPSON, Circuit Judges, and CARROLL, District Judge.

FLETCHER, Circuit Judge:

Linda Wood brought this action against Washington State Trooper Steven Ostrander and others for damages under 42 U.S.C. § 1983. Wood appeals the district court's dismissal on summary judgment. We reverse.

FACTS

At 2:30 a.m., in the morning of September 23, 1984, Trooper Ostrander pulled a car to the side of the road for driving with its high beams on. Ostrander determined that the driver, Robert Bell, was intoxicated...

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