# Ellis v. City of San Diego

> Court of Appeals for the Ninth Circuit · May 14, 1999 · 176 F.3d 1183

URL: https://www.frixlaw.com/law-library/cases/6982319

## Case

- **Full name:** Terrence Lenon ELLIS v. CITY OF SAN DIEGO, CALIFORNIA Mayor Susan Golding, San Diego Police Department Jerry Sanders, Chief of Police John Doe 1 M. Shaw Baines D. Johnson B. Hubble D. Leach L. McEuen A. Linardi Hartson Ambulance Company John Doe 2 University of California San Diego (U.C.S.D.) Medical Center K.B. Van Hoesen and Annette "Doe"
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 14, 1999
- **Citations:** 176 F.3d 1183; 99 Daily Journal DAR 4525; 99 Cal. Daily Op. Serv. 3522; 1999 U.S. App. LEXIS 9067
- **Precedential status:** Published
- **Opinion:** Concurring in part by Rymer
- **Judges:** Bright, Reinhardt, Rymer
- **Cited by:** 97 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6982319

## How later opinions describe it (automated extraction)

- concluding that the District Court 10 properly dismissed claims premised on violations of the California Penal Code because they did not 11 create enforceable individual rights
- concluding 28 that the District Court properly dismissed claims premised on violations of the California 1 Penal Code because they did not create enforceable individual rights

## Opinion text

RYMER, Circuit Judge,
concurring in part and dissenting in part:
While I agree with the majority’s resolution of the statute of limitations question, I dissent from Parts V and VI, which reach the MICRA and qualified immunity issues. Van Hoesen raises the MICRA issue for the first time on appeal, and the district court did not reach the qualified immunity issue. The record is unclear as to whether Ellis is alleging (or can show) that his injuries were related to Van Hoeseris provision of medical services or to her assumption of the function of a law enforcement official, or both. This could make a difference to proper resolution of both questions. Under these circumstances, we should decline to interpret MICRA and to decide qualified immunity until the record is more fully developed and the district court has had an opportunity to make the necessary factual findings.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6982319. Public record. Not legal advice.