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KENNEDY v. CITY OF RIDGEFIELD

No. 03-35333.

411 F.3d 1134 (2005)

Kimberly KENNEDY, individually and in her capacity as personal representative of the estate and as guardian for her children aka Kimberly Gorton; Jay D. Kennedy, aka JD Kennedy; Keith Teufel; Tera Teufel, Plaintiffs-Appellees, v. RIDGEFIELD CITY OF, a municipal corporation and political subdivision of the State of WA; Noel Shields, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2005.

Attorney(s) appearing for the Case

Ray P. Cox, Forsberg & Umlauf, Seattle, WA, for the defendant-appellant.

John R. Connelly, Jr., Darrell L. Cochran and Lincoln C. Beauregard, Gordon Thomas Honeywell Malanca Peterson & Daheim, Tacoma, WA, for the plaintiff-appellee.

Before JAMES R. BROWNING, A. WALLACE TASHIMA, and JAY S. BYBEE, Circuit Judges.

BROWNING, Circuit Judge.

Defendant Noel Shields appeals the district court's ruling that he is not entitled to summary judgment against Plaintiff Kimberly Kennedy's 42 U.S.C. § 1983 claim. He argues that his alleged conduct did not violate Plaintiff's clearly established constitutional rights. We disagree, and conclude the district court correctly determined that Shields is not entitled to qualified immunity. Accordingly, we affirm the decision below.

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