339 F.3d 857 (9th Cir. 2003), 01-35954, Haugen v. Brosseau

Docket Nº:01-35954
Citation:339 F.3d 857
Party Name:Haugen v. Brosseau
Case Date:August 04, 2003
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 857

339 F.3d 857 (9th Cir. 2003)

Kenneth J. HAUGEN, Plaintiff-Appellant,

v.

Rochelle BROSSEAU, Puyallup Police Department; The City of Puyallup, Defendants-Appellees.

No. 01-35954.

United States Court of Appeals, Ninth Circuit

August 4, 2003

Argued and Submitted March 4, 2003.

Page 858

[Copyrighted Material Omitted]

Page 859

Randy W. Loun, Loun & Tyner, Bremerton, Washington, for the plaintiff-appellant.

Mary Ann McConaughy, Keating Bucklin & McCormack, Seattle, WA, for the defendants-appellees.

Appeal from the United States District Court for the Western District of Washington; Robert J. Bryan, District Judge, Presiding. D.C. No. CV-01-05018-RJB.

Before: REINHARDT, W. FLETCHER, and GOULD, Circuit Judges.

Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge REINHARDT; Dissent by Judge GOULD.

OPINION

WILLIAM W. FLETCHER, Circuit Judge.

On February 21, 1999, Officer Rochelle Brosseau of the Puyallup, Washington, Police Department shot Kenneth Haugen in the back as he tried to flee from police in his vehicle. Haugen filed a § 1983 suit in district court alleging a violation of his

Page 860

constitutional rights, and the court granted summary judgme'

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56 practice notes
  • THE BRANCH BEST QUALIFIED TO ABOLISH IMMUNITY.
    • United States
    • Notre Dame Law Review Vol. 93 Nbr. 5, May 2018
    • May 1, 2018
    ...dissent would have found no constitutional violation), rev'd sub nom. Pearson v. Callahan, 555 U.S. 223 (2009); Haugen v. Brosseau, 339 F.3d 857 (9th Cir. 2003) (2-1 panel majority reversed grant of summary judgment based on qualified immunity; dissent would have found no constitutional vio......
  • Gonzalez v. Pierce County, 082905 WAWDC, C04-5303RJB
    • United States
    • Federal Cases United States District Courts 9th Circuit Western District of Washington
    • August 29, 2005
    ...of the Sheriff's Department. The single failure to discipline an officer does not rise to the level of a ratification. Haugen v. Brosseau, 339 F.3d 857, 875 (9th Cir. 2003), rev'd. on other grounds, 125 S.Ct. 596 (2004). Finally, as discussed above, Mr. Van Blaricom's report does not provid......
  • Gonzalez v. Pierce County, 082905 WAWDC, C04-5303RJB
    • United States
    • Federal Cases United States District Courts 9th Circuit Western District of Washington
    • August 29, 2005
    ...of the Sheriff's Department. The single failure to discipline an officer does not rise to the level of a ratification. Haugen v. Brosseau, 339 F.3d 857, 875 (9th Cir. 2003), rev'd. on other grounds, 125 S.Ct. 596 (2004). Finally, as discussed above, Mr. Van Blaricom's report does not provid......
  • 345 F.3d 1071 (9th Cir. 2003), 01-57036, Serrano v. Francis
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • September 26, 2003
    ...had fair warning that [his] conduct deprived a victim of his rights, [he] is not entitled to qualified immunity." Haugen v. Brosseau, 339 F.3d 857, 873, 2003 U.S.App. LEXIS 15517, at *42 (9th Cir. Aug. 4, 2003) (citation omitted); see also Pelzer, 536 U.S. at 740 n. 10, 122 S.Ct. 2508 ......
  • Free signup to view additional results
55 cases
  • Gonzalez v. Pierce County, 082905 WAWDC, C04-5303RJB
    • United States
    • Federal Cases United States District Courts 9th Circuit Western District of Washington
    • August 29, 2005
    ...of the Sheriff's Department. The single failure to discipline an officer does not rise to the level of a ratification. Haugen v. Brosseau, 339 F.3d 857, 875 (9th Cir. 2003), rev'd. on other grounds, 125 S.Ct. 596 (2004). Finally, as discussed above, Mr. Van Blaricom's report does not provid......
  • Gonzalez v. Pierce County, 082905 WAWDC, C04-5303RJB
    • United States
    • Federal Cases United States District Courts 9th Circuit Western District of Washington
    • August 29, 2005
    ...of the Sheriff's Department. The single failure to discipline an officer does not rise to the level of a ratification. Haugen v. Brosseau, 339 F.3d 857, 875 (9th Cir. 2003), rev'd. on other grounds, 125 S.Ct. 596 (2004). Finally, as discussed above, Mr. Van Blaricom's report does not provid......
  • 345 F.3d 1071 (9th Cir. 2003), 01-57036, Serrano v. Francis
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • September 26, 2003
    ...had fair warning that [his] conduct deprived a victim of his rights, [he] is not entitled to qualified immunity." Haugen v. Brosseau, 339 F.3d 857, 873, 2003 U.S.App. LEXIS 15517, at *42 (9th Cir. Aug. 4, 2003) (citation omitted); see also Pelzer, 536 U.S. at 740 n. 10, 122 S.Ct. 2508 ......
  • 445 F.Supp.2d 1116 (C.D.Cal. 2006), EDCV 03-199, Quon v. Arch Wireless Operating Co., Inc.
    • United States
    • Federal Cases United States District Courts 9th Circuit Central District of California
    • August 15, 2006
    ...it must be defined with sufficient specificity that a reasonable officer would have known he was violating it." Haugen v. Brosseau, 339 F.3d 857, 873 (9th Cir.2003), overruled on other grounds, 543 U.S. 194, 125 S.Ct. 596, 160 L.Ed.2d 583 (2004). As one court remarked, officials will n......
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1 books & journal articles
  • THE BRANCH BEST QUALIFIED TO ABOLISH IMMUNITY.
    • United States
    • Notre Dame Law Review Vol. 93 Nbr. 5, May 2018
    • May 1, 2018
    ...dissent would have found no constitutional violation), rev'd sub nom. Pearson v. Callahan, 555 U.S. 223 (2009); Haugen v. Brosseau, 339 F.3d 857 (9th Cir. 2003) (2-1 panel majority reversed grant of summary judgment based on qualified immunity; dissent would have found no constitutional vio......