Elder v. Holloway, 22 F.3d 897 (9th Cir. 1994). · Go Syfert
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Elder v. Holloway, 22 F.3d 897 (9th Cir. 1994). Cases Citing This Book View Copy Cite
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E.D. Cal. · 2019 · signal: see also · confidence low
See also Hein v. Sullivan, 601 22 F.3d 897 , 916 (9th Cir. 2010) (same). 23 This court has addressed each of petitioner’s claims and has concluded that no error of 24 constitutional magnitude occurred.
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Charles K. Elder Beverly S. Elder, Husband and Wife
v.
R.D. Holloway Other Unknown Employees And/or Agents, Individually and in Their Official Capacity as Police Officers for the Ada County Sheriff's Office
91-35146.
Court of Appeals for the Ninth Circuit.
Apr 11, 1994.
22 F.3d 897
Published
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Citer courts: N.D. California (1)

22 F.3d 897

Charles K. ELDER; Beverly S. Elder, husband and wife,
Plaintiffs-Appellants,
v.
R.D. HOLLOWAY; Other Unknown Employees and/or Agents,
individually and in their official capacity as
police officers for the Ada County
Sheriff's Office, et al.,
Defendants-Appellees.

No. 91-35146.

United States Court of Appeals,
Ninth Circuit.

April 11, 1994.

On Remand from the United States Supreme Court.

Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges.

1

The mandate of the Supreme Court having issued in Elder v. Holloway, --- U.S. ----, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994), we vacate the judgment of the district court, 751 F.Supp. 858 (D.Idaho 1990), and remand for reconsideration of the qualified immunity issue in light of United States v. Al-Azzawy, 784 F.2d 890 (9th Cir.1985), cert. denied, 476 U.S. 1144, 106 S.Ct. 2255, 90 L.Ed.2d 700 (1986), and all other relevant authority. Like the Supreme Court, we express no view as to whether Al-Azzawy's holding with respect to exigent circumstances, id. at 894, entitles defendants to qualified immunity. See Elder, --- U.S. at ----, 114 S.Ct. at 1023.

2

VACATED AND REMANDED.