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OCHSER v. FUNK

No. CV-11-0028-PR.

266 P.3d 1061 (2011)

Clifford J. OCHSER, a single man, Plaintiff/Appellant, v. Deputy Gerard FUNK, in his individual capacity as a deputy with the Maricopa County Sheriff's Office, and Jane Doe Funk, husband and wife; Sergeant Anthony R. Cruz, in his individual capacity as a deputy with the Maricopa County Sheriff's Office, and Jane Doe Cruz, husband and wife, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

December 21, 2011.

Attorney(s) appearing for the Case

Robbins & Curtin, P.L.L.C. by Joel B. Robbins, Anne E. Findling, Phoenix, Attorneys for Clifford J. Ochser.

Jones, Skelton & Hochuli, P.L.C. by Eileen Dennis GilBride, Phoenix, Attorney for Gerard Funk, Jane Doe Funk, Anthony R. Cruz, and Jane Doe Cruz.

Thomas C. Horne, Arizona Attorney General by Paula S. Bickett, Assistant Attorney General, Daniel P. Schaack, Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae State of Arizona.

Lasota & Peters PLC by Kristin M. Mackin, William J. Sims, III, Phoenix, Attorneys for Amici Curiae Arizona Municipal Risk Retention Pool, The League of Arizona Cities and Towns, and The Arizona Counties Insurance Pool.

OPINION

PELANDER, Justice.

¶ 1 Clifford Ochser brought this civil rights action against two deputy sheriffs for arresting him on a warrant that had been quashed some thirteen months earlier. Although we hold that Ochser's arrest was an unreasonable seizure prohibited by the Fourth Amendment, we conclude that the deputies are entitled to qualified immunity because then-existing law did not clearly establish the unconstitutionality of their actions.<...

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