Legal Opinion

Mario Garcia v. County of Riverside

Court of Appeals for the Ninth Circuit

Decided February 3, 2016No. 13-56857PublishedCited by 18 opinions

1Opinion of the Court

ORDER

The opinion filed on February 3, 2016, and published at 811 F.3d 1220, is hereby amended as follows:

1. Slip op. at 18-19 [811 F.3d at 1229-30], delete “These statutes do not shield Defendants from liability under state law because Plaintiff is not asserting claims “arising out of an[ ] arrest” or against the arresting officer. See Cal. PemCode § 847(b). According to these statutes’ text, they apply only to arresting officers. Moreover, these statutory immunities are premised on reasonable beliefs, and the crux of Plaintiffs claim is that it was unreasonable for officers to believe that…

2Cases cited17 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  5. Mitchell v. ForsythSupreme Court of the United States · 1985

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3Cited by18 opinions

  1. Jonathon Castro v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2016
  2. Jonathon Castro v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2016
  3. David Sosa v. Martin County, FloridaCourt of Appeals for the Eleventh Circuit · 2023
  4. (PC) Wahl v. SuttonDistrict Court, E.D. California · 2019
  5. Bethany Farber v. City of Los AngelesDistrict Court, C.D. California · 2023

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