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ENG v. COOLEY

No. 07-56055.

552 F.3d 1062 (2009)

David ENG, Plaintiff-Appellee, v. Steve COOLEY, District Attorney; Steven Sowders, Head Deputy District Attorney; Curt Livesay, former Chief Deputy District Attorney; Anthony Patchett, former Special Assistant to the District Attorney; and Curtis A. Hazell, Assistant District Attorney; in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2009.

Attorney(s) appearing for the Case

Jin Suk Choi, Franscell, Strickland, Roberts & Lawrence, P.C., Glendale, CA, for the defendants-appellants.

D. Jay Ritt, Bensinger, Ritt, Tai & Thvedt, LLP, Pasadena, CA, for the plaintiff-appellee.

Before: RICHARD D. CUDAHY, HARRY PREGERSON, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We must determine whether Steve Cooley, Steven Sowders, Curt Livesay, Anthony Patchett, and Curtis Hazell (collectively, the "Defendants") are entitled in their individual capacities to qualified immunity in this § 1983 First Amendment retaliation case.1 Resolving this question involves, in part, David Eng's claim that he was retaliated against by the...

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