Rosenbaum, et al. v. Washoe County, et al., No. 10-15637 (9th Cir. 2011)Annotate this Case
Plaintiff and his children (plaintiffs) brought a 42 U.S.C. 1983 suit against defendants for damages resulting from plaintiff's unlawful arrest. Plaintiff was arrested as he stood outside a fair selling promotional tickets for $5 that he had received for free from a radio station. At issue was whether the district court properly granted summary judgment in favor of defendants on the grounds of qualified immunity. The court agreed with the district court that there was no probable cause to arrest plaintiff and his right to be free from unlawful arrest was violated. The court held, however, that the district court's grant of summary judgment on the grounds of qualified immunity for an unlawful arrest was reversed where all reasonably competent officers would have agreed that plaintiff was not committing a crime because there was no scalping law in Nevada; it was simply not a crime to sell tickets to a fair; plaintiff's t-shirt, which had the logo of the radio station, did not suggest fraud; and the ticket buyers were not duped by the sale. The court also held that plaintiffs' substantive due process right to family integrity was not violated where the facts of the case did not come close to rising to the level of conduct that shocked the conscience. Because the court concluded that plaintiffs' right to family integrity was not violated, the court need not reach the question of whether the deputy sheriff was entitled to qualified immunity for the violation of the right to family integrity.
This is a revision of a Previous Opinion originally issued on August 22, 2011.