Alford v. Haner , 418 F.3d 1004 ( 2005 )

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEROME ANTHONY ALFORD, 
Plaintiff-Appellant, No. 01-35141
v. D.C. No.
CV-99-05586-RJB
JOI HANER, a Washington State
Patrol Officer; JOHN DOE HANER,  Western District
her husband; GERALD DEVENPECK, of Washington,
Sgt., Washington State Patrol; Tacoma
JANE DOE DEVENPECK, his wife, ORDER
Defendants-Appellees.

On Remand From the United States Supreme Court
Filed August 9, 2005
Before: James R. Browning, Betty B. Fletcher, and
Ronald M. Gould, Circuit Judges.
ORDER
This case has returned to us on remand from the Supreme
Court. See Devenpeck v. Alford, 125 S. Ct. 588 (2004),
reversing Alford v. Haner, 333 F.3d 972 (9th Cir. 2003). In
turn, we now remand the case to the district court.
As the Supreme Court has pointed out, we did not, in our
original disposition, decide whether the police had probable
cause to arrest Alford for obstructing a law enforcement offi-
cer or for impersonating a law enforcement officer. See 125
S. Ct. at 595. Our review of the record below reveals that the
jury did not have occasion to pass on this question either. In
fact, the jury received no instruction on the elements of any
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offense for which Alford might have been arrested other than
a violation of Washington’s Privacy Act.
We therefore REMAND the case to the district court for
retrial on the alternate theories indicated by the Supreme
Court.
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