# James Timphony v. City of Pasadena

> Court of Appeals for the Ninth Circuit · October 12, 2016 · 669 F. App'x 484

URL: https://www.frixlaw.com/law-library/cases/9837351

## Case

- **Full name:** James Joseph TIMPHONY and Scarlet Timphony, Plaintiffs-Appellants, v. CITY OF PASADENA, a Public Entity and Rafael Verduzco, Defendants-Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 12, 2016
- **Citations:** 669 F. App'x 484
- **Precedential status:** Unpublished
- **Opinion:** Dissent by Reinhardt
- **Judges:** Reinhardt, Fernandez, Owens
- **Nature of suit:** Civil
- **Cited by:** 1 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/9837351

## How later opinions describe it (automated extraction)

- acknowledging California Supreme Court's decision not to recognize a private right of action for damages under state constitutional provision in Katzberg

## Opinion text

REINHARDT, J.,
dissenting:
Timphony was present when his car was being towed. He told the officer that he had paid the outstanding parking tickets that supposedly authorized the towing, and that the receipts to prove it were in the glove compartment. The officer refused to allow him to retrieve those receipts and refused to look at them before proceeding with the towing. This conduct on the part of the parking enforcement officer was objectively unreasonable. I would, therefore, reverse the District Court’s judgment that the officer is entitled to qualified immunity. At the very least, I would grant the Plaintiffs leave to amend their complaint so that they could allege facts that would make it even clearer that the offi *486 cer’s decision was objectively unreasonable.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9837351. Public record. Not legal advice.