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Liberal v. Estrada, No. 08-17360

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By FindLaw Staff on January 20, 2011 4:53 PM

Civil Rights Action Regarding Traffic Stop

In Liberal v. Estrada, No. 08-17360, an action for violations of plaintiff's civil rights arising from a traffic stop and subsequent events, the court affirmed the district court's order denying summary judgment based on qualified immunity to defendants where 1) it was not a reasonable mistake for defendant-officer to believe that windows that are rolled down and that cannot be viewed at all are in fact rolled up and tinted; and 2) the traffic stop was unlawful because it did not rest on a reasonable suspicion that a violation of law had occurred.

 

As the court wrote:  "Plaintiff Kesner Liberal sued the City of Menlo Park ("City") and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserting federal qualified immunity and state statutory immunity."

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