Elliot-Park v. Manglona, No. 08-16089

In a 42 U.S.C. section 1983 action based on officers' alleged failure to investigate a crime or arrest the alleged perpetrator because of the race of the victim and that of the perpetrator, denial of defendants' motion to dismiss based on qualified immunity is affirmed where: 1) officers' discriminatory failure to arrest, as well as investigate, can violate equal protection; 2) plaintiff sufficiently alleged such a violation in this case; and 3) defendant-officers had a more than fair warning that failure to investigate and arrest the perpetrator because of race violated equal protection.

Read Elliot-Park v. Manglona, No. 08-16089

Appellate Information

Argued and Submitted May 12, 2009

Filed January 12, 2010

Judges

Opinion by Judge Kozinski

Counsel

For Appellants:

Braddock Jon Huesman, Assistant Attorney General, CNMI Office of the Attorney General, Saipan, MP

For Appellee:

George L. Hasselback and Joseph E. Horey, O'Connor Berman Dotts & Banes, Saipan, MP