KRL v. ESTATE OF MOORE

Nos. 06-16282, 06-16284, 06-16286.

512 F.3d 1184 (2008)

KRL; Roland Womack; Nadine Womack; Larry Dwight Womack; Luke Womack; Renee Womaeko Plaintiffs-Appellees, v. Estate of Russell Moore; Ellen M. Aquaro, Successor in Interest and Representative of the Estate of Russell Moore; Todd D. Riebe; Ron Hall; Amador County; California State of, Defendants, and David J. Irey, Defendant-Appellant. KRL; Roland Womack; Nadine Womack; Larry Dwight Womack; Luke Womack; Renee Womack, Plaintiffs-Appellees, v. KRL; Roland Womack; Nadine Womack; Larry Dwight Womack; Luke Womack; Renee Womack, Plaintiffs-Appellees, v. ESTATE OF Russell MOORE; David J. Irey; Todd D. Riebe; Ron Hall; Amador County; California State of, Defendants, and Ellen M. Aquaro, Successor in Interest and Representative of the Estate of Russell Moore, Defendant-Appellant. Estate of Russell Moore; Ellen M. Aquaro, Successor in Interest and Representative of the Estate of Russell Moore; David J. Irey; Todd D. Riebe; Amador County; California State of, Defendants, and Ron Hall, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2008.


Attorney(s) appearing for the Case

Stephen C. Pass, Deputy Attorney General, Sacramento, CA, for defendant-appellant Aquaro; Douglas A. Haydel, Haydel & Ornellas, Stockton, CA, for defendantappellant/cross-appellant Trey; Danielle R. Teeters, Johnson Schachter & Lewis, Scramento, CA, for defendant-appellant Hall.

Steven E. Moyer, Mold Davidson Fraioli Seror & Sestanovich, Los Angeles, CA, for the plaintiffs-appellees/cross-appellants.

Before: ALFRED T. GOODWIN, A. WALLACE TASHIMA, and KIM McLANE WARDLAW, Circuit Judges.


GOODWIN, Circuit Judge:

Defendants Russell Moore,1 David Irey and Ran Hall appeal the district court's denial of summary judgment based on qualified immunity for their involvement in preparing, reviewing and executing two search warrants, one issued on January 11, 1999 and the other issued on January 13, 1999. Defendants contend that although the two warrants lacked probable cause, their conduct was reasonable. We hold that Moore, Irey...

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