9th Circuit Court of Appeals Decision

memo-decision-11-29-16

9th CCA received today.  We successfully defended ISP officer Janet Murakami in a civil rights action under 42 USC, sec. 1983, through State of Idaho Risk Management Program.  The opinion holds she was entitled to qualified immunity for a Code 3 call for emergency backup form other officers, who responded, and allegedly used excessive force to effectuate Rice’s arrest.  The ruling in favor of Murakami reverses Chief US District Judge Winmill’s ruling denying summary judgment to her for the Code 3 call, which we appealed, and which was reversed.  Previously, Judge Winmill had granted partial summary judgment dismissing additional claims for traffic stop and arrest, holding there was probable cause to do so.  If the procedural status on appeal is confusing to the reader, recall that an interlocutory appeal of a denial of summary judgment is allowed in such section 1983 actions before trial and final judgment, which is opposite the general rule.  Risk Management, ISP, and Officer Murakami, and the AG’s office are/will be very pleased with this favorable circuit opinion in favor of their officer.

 

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