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   Federal Courts - 9th Circuit Court of Appeals - January 4, 2006

  
Kenny v. Easley, No. 04-55386, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2006, Filed
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Overview: Naval base police officers were not entitled to qualified immunity because civilian did not pose a threat when he was intentionally kicked from behind and handcuffed while he was dragged on the ground. Therefore, a reasonable officer under the circumstances would have known that the conduct violated the Fourth Amendment.

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Mattoon v. Del Papa, No. 04-15651, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2006, Filed
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Overview: Investigator was entitled to qualified immunity on claim he used false information to get warrant, as plaintiff did not make substantial showing of deliberate falsehood or reckless disregard for truth. Plausible reasons existed for inconsistencies between statements attributed to witnesses in probable cause affidavit and their deposition testimony.

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Rexwinkel v. Parsons, No. 04-15749, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2006, Filed
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Overview: The employee claimed that her complaint to her supervisors that she was wrongly downgraded and that her demotion was in essence a falsehood was a matter of public concern. The court found that the statement was merely a workplace grievance and not a matter of public interest, and it could not support a First Amendment violation claim.

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