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KARL v. CITY OF MOUNTLAKE TERRACE

No. 11-35343.

678 F.3d 1062 (2012)

Martha KARL, Plaintiff-Appellee, v. CITY OF MOUNTLAKE TERRACE, Defendant, and Charles Caw, also known as Pete, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2012.

Attorney(s) appearing for the Case

Joseph R. Shaeffer (argued), Andrea Brenneke , MacDonald Hoague & Bayless, Seattle, WA, for the plaintiff-appellee Martha Karl.

Brenda L. Bannon (argued), Mark R. Bucklin , Keating Bucklin & McCormack Inc. P.S., Seattle, WA, for the defendant City of Mountlake Terrace & the defendant-appellant Charles Caw.

Before: FERDINAND F. FERNANDEZ and RICHARD A. PAEZ, Circuit Judges, and LUCY H. KOH, District Judge.

OPINION

KOH, District Judge:

Defendant Charles "Pete" Caw ("Caw"), Assistant Chief of Police in the City of Mountlake Terrace Police Department, appeals from the denial of qualified immunity in Plaintiff Martha Karl's ("Karl") 42 U.S.C. § 1983 action alleging First Amendment retaliation. The district court held it was clearly established in December 2008 that a supervisor cannot retaliate against a public employee for his or her subpoenaed deposition...

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