KENNEDY v. CITY OF RIDGEFIELD

No. 03-35333.

439 F.3d 1055 (2006)

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. CITY OF RIDGEFIELD, a municipal corporation and political subdivision of the State of WA; Noel Shields, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2006.


Attorney(s) appearing for the Case

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

Ray P. Cox, Forsberg & Umlauf, Seattle, WA, for the defendants-appellants.

Before: BROWNING, TASHIMA, and BYBEE, Circuit Judges.


BROWNING, Circuit Judge:

Defendant Noel Shields appeals the denial of his motion for summary judgment based on his assertion of qualified immunity against Plaintiff Kimberly Kennedy's 42 U.S.C. § 1983 claim. He argues that his conduct did not violate Plaintiff's clearly established constitutional rights. We disagree, and affirm the district court's determination that, on the facts alleged, Shields is not entitled to qualified immunity.

I. Introduction...

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