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.
Read Tennison v. City and County of San Francisco, No. 06-15426
Appellate Information
Argued and Submitted June 12, 2007
Submission Vacated May 21, 2008
Resubmitted September 22, 2008
Filed December 8, 2008
Amended June 23, 2009
Judges
Opinion by Circuit Judge Tashima
Counsel
For Appellees:
Elliot R. Peters, Keker & Van Nest, LLP, San Francisco, CA
John H. Scott, The Scott Law Firm, San Francisco, CA
For Appellants:
James A. Quadra, Moscone, Emblidge & Quadra, LLP, San Francisco, CA
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