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HAVEKOST v. U.S. DEPT. OF NAVY

No. 90-35229.

925 F.2d 316 (1991)

Hiroko HAVEKOST; David W. Sutton; Ron Haglund; Jerry Crowley, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF the NAVY, et al., Defendant, and Jovito Banzon, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1991.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Atty., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Guy William Beckett, Weinstein, Hacker, Matthews, & Young, Seattle, Wash., for plaintiffs-appellees.

Before GOODWIN, Chief Judge, WRIGHT and NOONAN, Circuit Judges.

GOODWIN, Chief Judge:

Jovito Banzon defended this civil rights action on the basis of qualified immunity. He appeals the order which denied the defense, and we reverse.

At the time of the incident giving rise to this action, Banzon was the officer in charge of the commissary at the Puget Sound Naval Station ("Puget Sound") in Bremerton, Washington. Plaintiff Hiroko Havekost worked as a grocery bagger in the commissary. When Banzon terminated her permission...

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