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Bingue v. Prunchak (9th Cir. - Jan. 15, 2008)

By Shaun Martin

Las Vegas police officer Eli Prunchak sideswiped an innocent bystander as he was racing to join a high-speed case on I-95. The bystander sued, and Prunchak moved for qualified immunity, but his motion was denied by the district court.

But this is Vegas, baby! Roll again! This time in front of the Ninth Circuit.

And the slot machine -- er, I mean, panel draw -- comes up: Bybee . . . . Smith . . . . and Smith.

JACKPOT!!

Denial of qualified immunity reversed.

P.S. - I express no views on the merits. Regardless, I'm pretty sure that Prunchak let out a big fat sigh of relief -- or at least should have -- when his lawyer told him who was on the panel.

Full post as published by California Appellate Report on January 15, 2008 (boomark / email).