Legal Opinion
Maria Morales v. Sonya Fry
Court of Appeals for the Ninth Circuit
Decided October 16, 2017No. 14-35944, 14-35991PublishedCited by 147 opinions
1Opinion of the Court
Dissent by Judge Bea
OPINION
McKEOWN, Circuit Judge:
The primary issue in this appeal is whether the “clearly established” prong of the qualified immunity analysis should b,e 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.
Background
This case arises from Maria Morales’s arrest during the May 1, 2012 “May Day” protests in Seattle, Morales, who was attending one of the rallies, was in downtown Seattle when Seattle Police Department officers began forming a “bike perimeter” on Pike…
2Cases cited38 opinions
- Pearson v. CallahanSupreme Court of the United States · 2009
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Act Up!/Portland v. BagleyCourt of Appeals for the Ninth Circuit · 1992
- Curley v. KlemCourt of Appeals for the Third Circuit · 2002
- H.N. Dang v. Gilbert CrossCourt of Appeals for the Ninth Circuit · 2005
33 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- Heriberto Rodriguez v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2018
- Robert Reese, Jr. v. County of SacramentoCourt of Appeals for the Ninth Circuit · 2018
- S.R. Nehad v. Neal BrowderCourt of Appeals for the Ninth Circuit · 2019
- Lawrence Thompson v. Pete CopelandCourt of Appeals for the Ninth Circuit · 2018
- Kevin Simmons v. G. ArnettCourt of Appeals for the Ninth Circuit · 2022
142 more not listed; retrieve them via the Exa API.