LUCHTEL v. HAGEMANN

No. 09-35446.

623 F.3d 975 (2010)

Karey R. LUCHTEL, Plaintiff-Appellant, v. Officer Clark HAGEMANN, a Seattle Police Officer, in his individual and official capacity; Officer Thomas Hanley, a Seattle Police Officer, in his individual and official capacity; SPD Officers J. Doe # 1 and J. Doe # 2, whose identity is presently unknown, in their individual and official capacities; Gil Kerlikowske, Chief of Police, in his individual and official capacity; John and Jane Doe # 3-7, Supervisory Police Officers of the City of Seattle, the identity and number of whom are presently unknown, in their individual and official capacities; Richard and Jane 1-5 Doe, municipal policymakers of the city of Seattle, the identity and number of whom are presently unknown, in their individual and official capacities; City of Seattle, a Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission withdrawn February 24, 2010.

Argued and Submitted May 18, 2010.

Filed October 7, 2010.


Attorney(s) appearing for the Case

John J. Kannin (argued), Kannin Law Firm P.S., Tukwila, WA, for the plaintiff-appellant.

Ted Buck (argued) and James R. Lynch , Stafford Frey Cooper , Seattle, WA, for the defendants-appellees.

Opinion by Judge GOULD; Partial Concurrence and Partial Dissent by Judge BEEZER.


OPINION

GOULD, Circuit Judge:

Karey Luchtel, after using crack cocaine and fearing that her husband was trying to kill her, ran into the street with her young son. Witnesses who called 911 reported that she was screaming for help and threatening to harm herself. She hid under a car until her neighbors provided refuge in their house. The police were summoned by Luchtel's husband and other neighbors who heard her screams. Inside the neighbors' house, the officers...

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