A California public defender can continue with her lawsuit against the deputy sheriff who handcuffed her and dragged her through a courthouse, the Ninth Circuit ruled last week. A district court had ruled that the deputy, who was seeking to make sure that the attorney appeared when her case was called, had qualified immunity from the suit, an argument the Ninth rejected. There's no way that the deputy could reasonably believe he had a valid Fourth Amendment reason for the arrest, the unanimous panel held in an opinion by Judge Kozinski.
The ruling revives public defender Florentina Demuth's section 1983 suit against the county and sheriff's department of Los Angeles. At the same time, however, Kozinski scolded both parties for allowing a "tiff" to extend into a lawsuit that has lasted years and cost the city more than $1 million.