9th Cir.;
14-16886

The court of appeals vacated a district court judgment and remanded. The court held that an off-duty police officer was not entitled to qualified immunity for actions taken while acting as a private security guard.

Dillon Bracken was alleged assaulted by hotel security guards after entering a private party on hotel premises without permission. Honolulu police officer Kinchung Chung, who was in uniform, but working off-duty as “special duty” security for the party, allegedly was present, had assisted another security guard to detain Bracken, and thereafter failed to protect Bracken when hotel security guards began assaulting him. Bracken sued the hotel, the hotel security guards, and Chung, alleging as to Chung a cause of action under 42 U.S.C. §1983 for failure to intercede.