In a 42 U.S.C. section 1983 action based on Defendant-Officers' alleged withholding of exculpatory evidence, the partial denial of Defendants' motion for summary judgment based on qualified immunity is affirmed, where police inspectors have a duty to disclose exculpatory evidence and a showing of bad faith was not required.
Argued and Submitted June 12, 2007
Submission Vacated May 21, 2008
Resubmitted September 22, 2008
Filed December 8, 2008
Amended June 23, 2009
Opinion by Circuit Judge Tashima
John H. Scott, The Scott Law Firm, San Francisco, CA