Opinion

Althof v. Hanlin

  • 575 F. App'x 789
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 17, 2013
Status
Published
Author
Clifton
On the bench
Clifton
Cited by
0 cases
Authority
More cited than 14.0%

The opinion

CLIFTON, Circuit Judge,

dissenting:

I respectfully dissent. I disagree with the conclusion that the asserted constitutional right was not clearly established at the time of the alleged violation. A right is clearly established if it has been found violated “under facts not distinguishable in a fair way from the facts presented in the case at hand.” Saucier v. Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), overruled on other grounds by Pearson v. Callahan, 555 U.S. 223 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). I view Allen v. Sakai, 48 F.3d 1082 (9th Cir.1994), as sufficiently similar to the facts presented in this case. See also Spain v. Procunier, 600 F.2d 189, 199-200 (9th Cir.1979). That does not mean that the plaintiff in this case should or would ultimately prevail, but in my view his claim should have survived summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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