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WHALEN v. McMULLEN

No. 17-35267.

907 F.3d 1139 (2018)

Kathleen M. WHALEN, Plaintiff-Appellant, v. John G. McMULLEN, individually and not in his official capacity with the Washington State Patrol, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2018.

Attorney(s) appearing for the Case

George Andre Fields (argued), Invictus Legal Services, Sacramento, California, for Plaintiff-Appellant.

Michael P. Lynch (argued), Assistant Attorney General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendant-Appellee.

Before: Jay S. Bybee and N. Randy Smith, Circuit Judges, and John Antoon II, District Judge.

OPINION

While investigating Kathleen Whalen for fraud related to her application for social security benefits, Washington State Patrol officer John McMullen gained both her cooperation and entrance into her home by requesting her assistance in a fictitious criminal investigation. During his investigation, McMullen...

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