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ELLIOT-PARK v. MANGLONA

No. 08-16089.

592 F.3d 1003 (2010)

Ae Ja ELLIOT-PARK, Plaintiff-Appellee, v. Jarrod MANGLONA; Michael Langdon; Anthony Macaranas; Department of Public Safety, Defendants-Appellants, and Norbert Duenas Babauta, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2010.

Attorney(s) appearing for the Case

Braddock Jon Huesman, Assistant Attorney General, CNMI Office of the Attorney General, Saipan, MP, for the defendants-appellants.

George L. Hasselback and Joseph E. Horey, O'Connor Berman Dotts & Banes, Saipan, MP, for the plaintiff-appellee.

Opinion by Chief Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge CALLAHAN.

KOZINSKI, Chief Judge:

We consider whether law enforcement officers who are accused of failing to investigate a crime or make an arrest due to the race of the victim and that of the perpetrator are entitled to qualified immunity.

Facts

We recite the facts as Ae Ja Park Elliott* alleges them in her complaint. Elliott, who is racially and ethnically Korean, was driving south along 16 Highway in Papago, Saipan. Norbert Duenas...

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