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MARAZITI v. FIRST INTERSTATE BANK OF CALIFORNIA

No. 90-56001.

953 F.2d 520 (1992)

Richard J. MARAZITI, Plaintiff-Appellee, v. FIRST INTERSTATE BANK OF CALIFORNIA, a California corporation; T.P. Ferrand, individually and as a managing agent and officer of First Interstate Bank; City of San Diego, a California municipal corporation; Oscar M. Vasquez, individually and as a police officer for the City of San Diego (Badge 3628); Michael Nichochea, individually and as a police officer for the City of San Diego (Badge 1929); United States of America; David Simmons, Mr.; Mark Van Epps; Gene Carlson; Robert T. Thorpe, Defendants, and James Thibault; Janice L. Platt, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1992.

Attorney(s) appearing for the Case

Sally J. Schornstheimer, Dept. of Justice, Washington, D.C., for defendants-appellants.

Robert L. Zajac, Hillyer & Irwin, San Diego, Cal., for plaintiff-appellee.

Before WALLACE, Chief Judge, GOODWIN and ALARCON, Circuit Judges.

WALLACE, Chief Judge:

Thibault and Platt, agents of the Internal Revenue Service (IRS), appeal from an order of the district court denying their motion for summary judgment on grounds of qualified immunity. The district court had jurisdiction pursuant to 28 U.S.C. § 1331. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We reverse.

I

Maraziti and Thorpe agreed to exchange a parcel of real property for cash. Maraziti...

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