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A.D. v. CALIFORNIA HIGHWAY PATROL

Nos. 09-16460, 09-17635.

712 F.3d 446 (2013)

A.D., a Minor; J.E., a Minor; Sue Casey, Plaintiffs-Appellees, v. State of CALIFORNIA HIGHWAY PATROL, Defendant, and Stephen Markgraf, Defendant-Appellant. A.D., a Minor; J.E., a Minor; Sue Casey, Plaintiffs-Appellees, v. State of California Highway Patrol, Defendant, and Stephen Markgraf, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2013.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , James M. Schiavenza , Paul T. Hammerness , Tom Blake (briefed), and John P. Devine (briefed and argued), Office of the Attorney General of California, San Francisco, CA, for Defendant-Appellant.

Amitai Schwartz (briefed and argued), Moira Duvernay , Law Offices of Amitai Schwartz, Emeryville, CA; John H. Scott (briefed), Lizabeth N. de Vries , Scott Law Firm, San Francisco, CA; Thomas P. Greerty , Martinez, CA, for Plaintiffs-Appellees.

Before: ARTHUR L. ALARCÓN, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

A police officer, who violates another's constitutional right, will receive qualified immunity from suit under 42 U.S.C. § 1983 if the right the officer violated was not protected by clearly established law at the time he acted. See Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Since 1998, clear precedent has established that a police officer...

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