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ADAMS v. SPEERS

No. 05-15159.

473 F.3d 989 (2007)

John ADAMS; Cathy Adams, Plaintiffs-Appellees, v. Paul SPEERS, Defendant-Appellant, v. Merced County Sheriff's Department; California Highway Patrol; County of Merced; Mark Pazin, Merced County Sheriff Coroner, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2007.

Attorney(s) appearing for the Case

Scott H. Wyckoff, Deputy Attorney General of the State of California, Sacramento, CA, for the defendant-appellant.

Jacques LeBoeuf, Oakland, California; Randal W. Hooper, Oakland, CA, for the plaintiffs-appellees.

Before NOONAN, HAWKINS, and THOMAS, Circuit Judges.

NOONAN, Circuit Judge.

Paul E. Speers, an officer in the California Highway Patrol (CHP), appeals the district court's denial of immunity in this civil rights suit by John and Cathy Adams. Holding that, on the basis of the facts submitted by the Adamses, Speers is not entitled to immunity as a matter of law, we affirm the judgment of the district court.

FACTS

Preliminary to statement of the facts, we note that Officer Speers can make an interlocutory...

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