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DeBOER v. PENNINGTON

No. 97-35363.

206 F.3d 857 (2000)

Dean DeBOER; Luanne DeBoer, Plaintiffs-counter-defendants-Appellants, v. Corrine PENNINGTON; Carol Browder; Jane Doe Douglas; Timothy Carpenter; Jane Doe Disend; Jane Doe Little; Jane Doe Ayers; John Doe Bjornson; Jane Doe Hanna; Jane Doe Gischer; Jane Doe Knutson; Jane Doe Hall; John Doe Pennington; John Doe Browder; Jane Doe Rowe, Defendants-Appellees, and City of Bellingham; Tim Douglas; Lynn Carpenter; Bruce Disend; Richard Little; Bruce Ayers; Louise Bjornson; Arne Hanna; Pat Rowe; Don Gischer; Gene Knutson; Bob Hall, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2000.

Attorney(s) appearing for the Case

Kurt Denke, Seattle, Washington, for the plaintiffs-appellants.

Peter Berney, Assistant Attorney General, Olympia, Washington, for defendants-appellees Carol Browder and Corine Pennington.

Robert L. Christie, Johnson & Martens, Seattle, Washington, for the defendants-appellees.

Before: CANBY and TASHIMA, Circuit Judges, and TAKASUGI, Senior District Judge.

TAKASUGI, Senior District Judge:

In this appeal, we consider whether city and state officials are entitled to qualified immunity for entering city-owned premises and seizing the business and personal records and the personal property of an individual where the city and the individual had agreed that "[f]inancial records for audit purposes shall be made available to the [c]ity and any other governmental agency with jurisdiction," and whether the agreement between the...

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