Marks V. Clarke - Ninth Circuit U.S. Court of Appeals

Marks V. Clarke

By Ninth Circuit U.S. Court of Appeals

  • Release Date: 1996-12-19
  • Genre: Law
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Marks V. Clarke Ninth Circuit U.S. Court of Appeals Book Review Score: ★★★★★ 5/5 stars

Appellants in this case are twenty-three individual City of Spokane police officers*fn1 and one individual Spokane County law enforcement officer.*fn2 Appellees, the plaintiff Gypsy Church of the Northwest and the twenty-six individual plaintiffs in district court cases Marks v. City of Spokane and Gypsy Church v. Spokane County, filed suit under 42 U.S.C. § 1983 in June 1989 alleging that three years earlier, in 1986, appellants and the City of Spokane and Spokane County (the "municipalities")*fn3 violated their Fourth Amendment rights by unreasonably seeking and unreasonably executing a warrant to search two residences and all the persons present at those residences. On this appeal, appellants challenge four orders of the district court in which that court initially denied all but two of the appellants qualified immunity, certified the interlocutory appeal of its qualified immunity determination as "frivolous" and retained jurisdiction over the proceedings, denied the remaining two appellants qualified immunity and granted partial summary judgment in favor of the plaintiffs. At that point it deemed the qualified immunity appeals no longer frivolous.

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