MILLS v. GRAVES

No. 90-35086.

930 F.2d 729 (1991)

Irene MILLS, dba Unicorn Leasing Co., Inc.; Clarence Mills, dba Unicorn Development Co., Inc., Plaintiffs-Appellants, v. R.J. GRAVES, Island County Sheriff; John J. Robertson; Jane Doe Robertson, and the marital community comprised thereof, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1991.

As Amended on Denial of Rehearing and Rehearing June 4, 1991.


Attorney(s) appearing for the Case

Scott A. Milburn, Preston, Thorgrimson, Shilder, Gates & Ellis, Seattle, Wash., for plaintiffs-appellants.

Stephen Powell Larson, Stafford, Frey, Cooper & Stewart, Seattle, Wash., for defendants-appellees.

Before TANG, O'SCANNLAIN and LEAVY, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc June 4, 1991.

O'SCANNLAIN, Circuit Judge:

We must determine whether the district court properly dismissed, on a motion for summary judgment, appellants' section 1983 action against a police officer. The claimed civil rights violation was the seizure and forfeiture of construction equipment purportedly owned by the Millses. We conclude that the officer was protected from liability by qualified immunity...

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