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ROSENBAUM v. WASHOE COUNTY

No. 10-15637.

654 F.3d 1001 (2011)

Hershel Oscar ROSENBAUM; C.R.; J.R., Plaintiffs-Appellants, v. WASHOE COUNTY; Dennis Balaam, in his official capacity; Michael Haley, in his official capacity; James Forbus, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2011.

Attorney(s) appearing for the Case

Robert R. Hager and Treva J. Hearne , Hager & Hearne, Reno, NV, for the appellants.

David Creekman , Herbert Kaplan , Washoe County District Attorney's Office, Reno, NV, for the appellees.

Before: RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges, and NANCY GERTNER, District Judge.

OPINION

GERTNER, District Judge:

Hershel Oscar Rosenbaum ("Rosenbaum") and his children appeal the district court's order granting the defendants' motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages eight and four, were standing beside...

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