GAUSVIK v. PEREZ

No. 04-35130.

392 F.3d 1006 (2004)

Ralph GAUSVIK, Individually, Plaintiff-Appellant, v. Robert Ricardo PEREZ, individually and his official capacity; Kenneth Badgley, individually, and his official capacity; Earl Tilley, individually, and his official capacity; City of Wenatchee, a municipal corporation; Wenatchee Municipal Police Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2004.

Ordered Published December 13, 2004.


Attorney(s) appearing for the Case

Tyler K. Firkins, Van Siclen, Stocks & Firkins, Auburn, WA, for the plaintiff-appellant.

Patrick McMahon, Carlson, McMahon & Sealby, Wenatchee, WA, for the defendants-appellees.

Before: LAY, FERGUSON, and GOULD, Circuit Judges.


LAY, Circuit Judge:

Ralph Gausvik brought suit against Officer Robert Perez, alleging that the latter had violated his civil rights during a sexual abuse investigation. On September 16, 2002, the district court found that Perez was not entitled to summary judgment on the basis of qualified immunity. On October 3, 2003, this court held that Perez did not violate any of Gausvik's constitutional rights, reversed the judgment of the district court, and granted Perez qualified...

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