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ALFORD v. HANER

No. 01-35141.

333 F.3d 972 (2003)

Jerome Anthony ALFORD, Plaintiff-Appellant, v. Joi HANER, a Washington State Patrol Officer; Jane Doe Haner, his wife; Gerald Devenpeck, Sgt., Washington State Patrol; Jane Doe Devenpeck, his wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2003.

Attorney(s) appearing for the Case

R. Stuart Phillips, Poulsbo, WA, for the plaintiff-appellant.

Christine O. Gregoire, Attorney General, Eric A. Mentzer, Assistant Attorney General, Olympia, WA, for the defendants-appellees.

Before BROWNING, B. FLETCHER, and GOULD, Circuit Judges.

Opinion by Judge BROWNING; Dissent by Judge GOULD.

OPINION

BROWNING, Circuit Judge:

Tony Alford spent the night in jail for tape recording a traffic stop. Since taping police officers during the performance of their public duties is not illegal under the Washington Privacy Act, the charge was dismissed by a state court.

Alford then filed suit under 42 U.S.C. § 1983 alleging that his arrest, incarceration and prosecution violated his...

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