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MORALES v. FRY

Nos. 14-35944, 14-35991.

873 F.3d 817 (2017)

Maria J. MORALES, Plaintiff-Appellant v. Sonya FRY, Officer, Member of the Seattle Police Department; Michelle Gallegos, Officer, Member of the Seattle Police Department; City of Seattle; Brian Rees, Officer, Member of the Seattle Police Department, Defendants-Appellees. Maria J. Morales, Plaintiff-Appellee, v. Sonya Fry, Officer, Member of the Seattle Police Department, Defendant, and Brian Rees, Officer, Member of the Seattle Police Department, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2017.

Attorney(s) appearing for the Case

Darryl Parker (argued), Civil Rights Justice Center PLLC, Seattle, Washington, for Plaintiff-Appellant/Cross-Appellee.

Robert L. Christie (argued), Christie Law Group PLLC, Seattle, Washington; Peter S. Holmes , City Attorney; Christine L. Olson , Assistant City Attorney; Seattle City Attorney's Office, Seattle, Washington; for Defendants-Appellees/Cross-Appellants.

Dissent by Judge Bea.

OPINION

The primary issue in this appeal is whether the "clearly established" prong of the qualified immunity analysis should be submitted to a jury. Following the lead of nearly all of our sister circuits, we conclude that it is a question of law that must ultimately be decided by a judge.

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