CHRISTIE v. IOPA

No. 98-16547.

176 F.3d 1231 (1999)

Roger CHRISTIE and Ernest Aaron Anderson, Plaintiffs-Appellants, v. G. Kay IOPA, in her personal capacity; Jay Kimura, in his personal capacity; the County of Hawai`i; and Does 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 1999.


Attorney(s) appearing for the Case

Steven D. Strauss, Hilo, Hawaii, for the plaintiffs-appellants.

Joseph Kamelamela and Steven Christensen, Deputy Corporation Counsel, County of Hawaii, Hilo, Hawaii, for the defendants-appellees.

Before: FARRIS, NOONAN, and GRABER, Circuit Judges.


GRABER, Circuit Judge:

In this action brought under 42 U.S.C. § 1983, Plaintiffs allege that a deputy prosecutor for the County of Hawaii violated their constitutional rights. The district court granted the County's motion for summary judgment, holding that the County is not legally responsible for the deputy prosecutor's acts. For the reasons that follow, we affirm as to plaintiff Christie, but reverse as to plaintiff Anderson.

FACTUAL AND PROCEDURAL...

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