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MILLENDER v. COUNTY OF LOS ANGELES

No. 07-55518.

620 F.3d 1016 (2010)

Augusta MILLENDER; Brenda Millender; and William Johnson, Plaintiffs-Appellees, v. COUNTY OF LOS ANGELES; Robert J. Lawrence (292848); Curt Messerschmidt (283271), Defendants-Appellants, and Los Angeles County Sheriff's Department; Leroy D. Baca; Scott Walker (188188); Rick Rector (280600); Donald Nichiporuk (213625); Richard Schlegel (280735), e/s/a M. Schlegel; Brice Stella (402018), e/s/a D. Stella; Jack Demello (223333), e/s/a J. Dernello; David O'Sullivan (293952); Jack Ritenour (164927); and Ian Stade (279464), Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2010.

Attorney(s) appearing for the Case

Eugene P. Ramirez, Esq. , Manning & Marder, Kass, Ellrod, Ramirez LLP, Los Angeles, CA, attorney for the appellants.

Robert Mann, Esq. , Robert Mann & Donald W. Cook, Los Angeles, CA, attorneys for the appellees; argued by Olu K. Orange, Esq., Orange Law Offices, Los Angeles, CA.

Opinion by Judge IKUTA; Dissent by Judge CALLAHAN; Dissent by Judge SILVERMAN.

OPINION

IKUTA, Circuit Judge:

Plaintiffs Augusta Millender, Brenda Millender, and William Johnson (collectively, "the Millenders") filed this suit under 42 U.S.C. § 1983 against the County of Los Angeles, the Los Angeles County Sheriff's Department, and several individual members of the Sheriff's Department, alleging violations of their civil rights. Their complaint arose from a search pursuant to a warrant obtained by Detective Curt Messerschmidt of...

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