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GENZLER v. LONGANBACH

Nos. 02-56572, 02-56573.

384 F.3d 1092 (2004)

David GENZLER, Plaintiff-Appellee, v. Peter J. LONGANBACH, Defendant-Appellant, and Jeffrey O'Brien; County of San Diego, a governmental entity; San Diego County District Attorney's Office; Gregory Thompson; James Pippen; Paul Pfingst, Defendants. David Genzler, Plaintiff-Appellee, v. Peter J. Longanbach; County of San Diego, a governmental entity; San Diego County District Attorney's Office, Defendants, and Jeffrey O'Brien; Gregory Thompson; James Pippen; Paul Pfingst, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2004.

Attorney(s) appearing for the Case

Robert L. Young, Edward Patrick Swan, Jr., Luce, Forward, Hamilton and Scripps, San Diego, CA, Jeffrey G. Carver, San Diego, CA, and Morris G. Hill, Office of the County Counsel, San Diego, CA, for the appellants.

Patrick L. Hosey, Hosey & Bahrambeygui, San Diego, CA, for the appellee.

Before: PREGERSON, COWEN, and W. FLETCHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiff David Genzler seeks damages under 42 U.S.C. § 1983 for violations of his constitutional rights during the investigation and prosecution of his state criminal homicide trial. Defendants San Diego County Deputy District Attorney Peter Longanbach and Investigator Jeffrey O'Brien appeal from the partial denial of their motions for summary judgment based on absolute official...

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