Elliot-Park v. Manglona

592 F.3d 1003 (2010)

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Elliot-Park v. Manglona

United States Court of Appeals for the Ninth Circuit
592 F.3d 1003 (2010)

Facts

Norbert Babauta crashed into the car being driven by Ae Ja Park Elliot (plaintiff). There were empty beer cans in Babauta’s truck, and Babauta was wobbling and slurring his words, reeked of alcohol, and had bloodshot eyes. Responding law-enforcement officers Jarrod Manglona, Anthony Macaranas, and Michael Langdon (the officers) (defendants) did not administer sobriety tests, investigate whether Babauta was driving drunk, or charge Babauta with driving under the influence. Elliot was Korean. Babauta and the officers were Micronesian. Elliot brought equal-protection and conspiracy-to-violate-civil-rights claims against the officers for failing to investigate a crime or make an arrest because of Elliot’s race. The court held that the officers were not entitled to qualified immunity and declined to dismiss the complaint. On appeal, the officers argued that citizens are not constitutionally entitled to have police officers arrest third parties; Elliot was not denied police protection, because the officers called an ambulance and questioned bystanders; and even if Elliot’s rights were violated, the officers had qualified immunity because those rights were not clearly established.

Rule of Law

Issue

Holding and Reasoning (Kozinski, C.J.)

Concurrence/Dissent (Callahan, J.)

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