JOHN v. CITY OF EL MONTE

No. 05-56125.

505 F.3d 907 (2007)

Margaret JOHN, Plaintiff-Appellee, v. CITY OF EL MONTE, Defendant, and Eric Youngquist, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2007.


Attorney(s) appearing for the Case

Peter J. Ferguson, Ferguson, Praet & Sherman, Santa Ana, CA, and Timothy T. Coates, Greines, Martin, Stein & Richland LLP, Los Angeles, CA, for appellant Eric Youngquist.

John Burton, The Law Offices of John Burton, Pasadena, CA, and William J. Osborne, Osborne & Associates, Sherman Oaks, CA, for appellee Margaret John.

Before DANIEL M. FRIEDMAN, ALEX KOZINSKI, and RONALD M. GOULD, Circuit Judges.


FRIEDMAN, Circuit Judge:

This appeal challenges a district court's denial of summary judgment dismissing a damage suit by a female school teacher against a police officer for improperly arresting her for allegedly sexually molesting a ten-year-old female student. The district court held that the officer did not have probable cause for the arrest and was not entitled to qualified immunity for his conduct. We hold, however, that the officer had probable cause for the...

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