In a 42 U.S.C. section 1983 action based on officers' alleged failure to investigate a crime or arrest the alleged perpetrator because of the race of the victim and that of the perpetrator, denial of defendants' motion to dismiss based on qualified immunity is affirmed where: 1) officers' discriminatory failure to arrest, as well as investigate, can violate equal protection; 2) plaintiff sufficiently alleged such a violation in this case; and 3) defendant-officers had a more than fair warning that failure to investigate and arrest the perpetrator because of race violated equal protection.
Argued and Submitted May 12, 2009
Filed January 12, 2010
Opinion by Judge Kozinski
Braddock Jon Huesman, Assistant Attorney General, CNMI Office of the Attorney General, Saipan, MP