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DEPAUL INDUSTRIES v. MILLER

No. 20-35598.

14 F.4th 1021 (2021)

DEPAUL INDUSTRIES, an Oregon non-profit corporation, Plaintiff-Appellee, v. Benjamin James MILLER, personally and in his official capacity as Assistant City Attorney for the City of Eugene, Defendant-Appellant, and City of Eugene, a municipal corporation; John Ruiz, in his official capacity as the City Manager of the City of Eugene; Lavena Nohrenberg, in her official capacity as Customer Experience Manager of the City of Eugene Public Library; Clayton Stilwell, in his official capacity as Purchasing Analyst for the Finance Department of the City of Eugene, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2021.

Attorney(s) appearing for the Case

Robert A. Koch (argued), Christopher J. Pallanch , and Stephanie J. Grant , Tonkon Corp LLP, Portland, Oregon, for Defendant-Appellant.

Thomas M. Christ (argued) and Drew L. Eyman , Sussman Shank LLP, Portland, Oregon, for Plaintiff-Appellee.

Before: Carlos T. Bea, Daniel A. Bress, and Lawrence VanDyke, Circuit Judges.

OPINION

Benjamin Miller, an assistant city attorney for the City of Eugene, Oregon (the City), files this interlocutory appeal from the district court's denial of his motion for summary judgment. He seeks qualified immunity from due process claims brought by DePaul Industries. In this case, we must decide whether...

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