# Althof v. Hanlin

> Court of Appeals for the Ninth Circuit · December 17, 2013 · 575 F. App'x 789

URL: https://www.frixlaw.com/law-library/cases/8675316

## Case

- **Full name:** Tag Edward ALTHOF v. John HANLIN, Sheriff Douglas County Oregon
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** December 17, 2013
- **Citations:** 575 F. App'x 789
- **Precedential status:** Published
- **Opinion:** Dissent by Clifton
- **Judges:** Clifton
- **Cited by:** 0 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/8675316

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8675316. Public record. Not legal advice.