The 9th Circuit Court of Appeals heard oral argument in the case of Gregoire v. California et al earlier this month.
Firefighter Jacob Gregoire of the Chula Vista Fire Department was arrested on February 4, 2014 at the scene of a roll over on Interstate 805. Gregoire was retrieving a gurney when he was instructed by a CHiPs officer, Sergio Flores, to move his engine or be arrested. He informed Officer Flores that he would have to check with his captain at which point he was placed into custody, searched and handcuffed.
Gregoire is suing the state and Officer Flores for civil rights violations. The state is seeking to have the 9th Circuit dismiss the case on the basis of qualified immunity. Gregoire wants the case to get to the jury.