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MILLENDER v. COUNTY OF LOS ANGELES

No. 07-55518.

564 F.3d 1143 (2009)

Augusta MILLENDER, Brenda Millender, William Johnson, Plaintiffs-Appellees, v. COUNTY OF LOS ANGELES, Los Angeles County Sheriff's Department, Sheriff Leroy Baca, Scott Walker, Rick Rector, Donald Nichiporuk, Richard Schlegel, Deputy Brice Stella, Jack Demello, David O'Sullivan, James Ritenour, Ian Stade, Robert J. Lawrence and Curt Messerschmidt, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2009.

Attorney(s) appearing for the Case

Eugene P. Ramirez (argued) and Julie M. Fleming of Manning & Marder, Kass, Ellrod, Ramirez, LLP, of Los Angeles, CA, for the defendants-appellants.

Olu K. Orange (argued), Robert Mann, and Donald W. Cook of Los Angeles, CA, for the plaintiffs-appellees.

Opinion by Judge Callahan; Concurrence by Judge Fernandez; Dissent by Judge Ikuta.

CALLAHAN, Circuit Judge:

This § 1983 action arises out of a nighttime search and seizure. In a comprehensive opinion, the district court granted qualified immunity to some defendants on some issues and denied it on others. This interlocutory appeal by the City of Los Angeles and two deputy sheriffs, Detective Messerschmidt and Sergeant Lawrence, challenges only two aspects of the district court's order: the denial of qualified immunity on the scope of the search...

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