Bressi v. Ford, No. 06-74297

In a 42 U.S.C. section 1983 action claiming that defendant-officers stopped plaintiff at an illegal roadblock, summary judgment for defendants is affirmed in part where clearly established law did not render the roadblock unconstitutional. However, the ruling is reversed in part where the roadblock functioned not merely as a tribal exercise, but also as an instrument for the enforcement of state law.

Read Bressi v. Ford, No. 06-74297

Appellate Information

Argued and Submitted November 20, 2008

Filed August 4, 2009

Judges

Opinion by Judge Canby

Counsel

For Appellant:

David J. Euchner, Tucson, AZ

For Appellees:

Roger W. Frazier, Gust Rosenfeld P.L.C., Tucson, AZ

Gerald S. Frank, Assistant United States Attorney, Tucson, AZ