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COX v. ROSKELLEY

No. 00-35887.

359 F.3d 1105 (2004)

Claude COX, husband; Linda Cox, wife, Plaintiffs-Appellees, Marshall Farnell; Francine M. Boxer; Spokane County, Counter-claimants-Appellants, and John Roskelley, Counter-claimant, v. John ROSKELLEY, in his individual capacity, Defendant, and Francine M. Boxer, in her individual capacity; Marshall Farnell, in his individual capacity; Spokane County, a municipal corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2004.

Attorney(s) appearing for the Case

Mary P. Gaston, Perkins Coie LLP, Spokane, Washington, for the defendants-appellants.

Paul J. Burns, Spokane, Washington, for the plaintiffs-appellees.

Before: CYNTHIA HOLCOMB HALL, A. WALLACE TASHIMA, and JOHNNIE B. RAWLINSON, Circuit Judges.

Opinion by Judge Rawlinson; Dissent by Judge Hall

Argued and Submitted July 10, 2002 — Seattle, Washington.

OPINION

RAWLINSON, Circuit Judge:

The sole issue presented in this appeal is whether the district court properly denied qualified immunity to the individual Defendants/Appellants. Because the law was clearly established that publication of stigmatizing information without a name-clearing hearing violates due process, we AFFIRM...

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