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BEIER v. CITY OF LEWISTON

No. 02-35516.

354 F.3d 1058 (2004)

Rafael D.O. BEIER, Dr., Plaintiff-Appellee, v. LEWISTON, CITY OF; Jack Baldwin; John Doe; Jane Doe, in their official capacities as officials, employees and/or agents of the City of Lewiston, State of Idaho; Nez Perce County, a political subdivision of the State of Idaho; Jane Doe, in their official capacities as jailers, officials, employees and/or agents of Nez Perce County, Idaho; Randy S. Kingsbury, in his capacity as Sheriff of Nez Perce County, Idaho, Defendants, and Brad Mittendorf, in his capacity as a police officer of the city of Lewiston, Idaho; Joedy Mundell, in his capacity as a police officer of the City of Lewiston, Idaho, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2004.

Attorney(s) appearing for the Case

Bentley G. Stromberg, Clements, Brown & McNichols, Lewiston, ID, for the defendants-appellants.

Timothy K. Ford, MacDonald, Hoague & Bayless, and Richard K. Kuck, Seattle, WA, for the plaintiff-appellee.

Before THOMPSON, HAWKINS, and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge.

Officer Joedy Mundell and Corporal Brad Mittendorf (collectively "the officers") arrested Rafael Beier for violating a temporary protection order the terms of which they had neither read nor ascertained from authorized personnel. Beier brought suit under 42 U.S.C. § 1983, asserting that the arrest was in violation of the Fourth Amendment. The officers appeal from the district court's denial of their motion, on qualified...

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