shocking there obviously is no qualified immunity and this case takes growth versus ramirez and just because it's peace decision rears versus growth and puts a spin on it that's absolutely incredible by these police officers going out and arrest things something to taking them to another place to other places another house a police station not showing them a warrant saying they left the warrant the office defendant sued are entitled to qualified immunity because they had nothing to do with the rest they're not arguing about whether the arrest was made for probable cause or not they say that's irrelevant the only issue as i understand the costly was there because what you have is a conflict between the declaration and the affidavit of the plaintiff and that under that circumstance the state says we should disregard that and then that she clearly places him at the scene of the russian he never denies you know any evidence of which i know that he wasn't at the arrest when he says it is and if you stretch it as far as you can stretch it is that he wasn't there at the is only liable on i'm an l theory and the weakest part of the case is against bach and no question about that but i think there is a case against him because he ultimately is responsible for the policies and procedures followed and here t nothing it was the the cat the confidential informant did the affidavit establish that he was a reliable confidential informant in the past no i don't believe it did because you have argument that the guy was reliable here i'm anything new to constitute probably cause nothing he said that mr kendricks told him they were planning on robbing a bank at a particular time and who the other participants in the robbery other parts of the information that he gave that was sought to be tested such as gang membership were found not to be not credible  not credible that the other people were gang members there was an assertion by the police that the alleged reliable informant attributed gang membership to the people who commit the robbery w mr washington but we didn't have anything from mr washington i think you know maybe you know call me naive i assume exists but who knows i mean i haven't ever really been able to was purported to be internal l a p d memo conduct containing essentially a summary or paraphrase of an officers interview with the informant where the informant that is that at the time that he first learned of the bank robbery him that they didn't present evidence relating to his custody status or his criminal history means that they can oppose us on the judgment motion wasn't there at any time during the rest of the search and i think but again the inference from his statement that he wasn't clear again we have to necessarily judgment in frances and try on the other way while you're on and then i think another relevant it's true you can you can rely on the ground the district court didn't rely on if it's proof it's justified by the record but we don't normally rely on the ground for any doesn't rely on an ptosis is irrelevant in the brief well unfortunately and i will fix this there's no record citation for that statement in the brief i didn't it's not in the brief and i will temp to repair that when i get back to my been communicated to the magistrate it was you the warrant might have influenced whether or not the warrant was issued given the other things in the warrant that didn't have any basis the next sentence in that brief reply brief on page two indicates the since he was in please custody again i need to correct that with the record so i take action but i do know from my reading of the files that that is accurate if costly was act arrested he participated in arrest without probable cause not only should he not have gotten qualified immunity plaintiff should get judgement in her favor on that issue because it's a clear constitutional violation similarly it's cost y was that the searches he was the same conclusion follows from that i don't still don't know whether or not there's a mr washington i do know the plane it's new somebody named washington