Millender v. County of L.A.

Opinion

FILED NOT FOR PUBLICATION MAR 30 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AUGUSTA MILLENDER; et al., No. 07-55518

Plaintiffs - Appellees, D.C. No. CV-05-02298-DDP Central District of California, v. Los Angeles

COUNTY OF LOS ANGELES; et al., ORDER Defendants - Appellants,

and

LOS ANGELES COUNTY SHERIFF’S DEPARTMENT; et al.,

Defendants.

On Remand from the United States Supreme Court

Before: KOZINSKI, Chief Judge, SILVERMAN, GRABER, FISHER, TALLMAN, RAWLINSON, BYBEE, CALLAHAN, M. SMITH, and IKUTA, Circuit Judges.*

In light of the Supreme Court’s decision in Messerschmidt v. Millender, 132

S.Ct. 1235 (2012), the district court’s determination that officers Lawrence and

* Judge Rymer passed away before the Supreme Court issued its decision in this case. Messerschmidt are not entitled to qualified immunity is REVERSED, and the case

is remanded for further proceedings consistent with Messerschmidt.

* Judge Rymer passed away before the Supreme Court issued its decision in this case.