Jehangir v. East
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 10, 2026
Docket25-7755
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 10 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOOR JEHANGIR, No. 25-7755
D.C. No.
Plaintiff - Appellant, 2:24-cv-03030-DJH-DMF
v. MEMORANDUM*
DANIEL EAST, Officer (Badge #26821) -
husband; MARRA GUAJARDO, Officer
(Badge #24084) - wife,
Defendants - Appellees,
UNKNOWN EAST, named as: Jane Doe
East - wife, UNKNOWN GUAJARDO,
named as: John Doe Guajardo - husband,
UNKNOWN PARTIES, named as: John
Does I-X and ABC Corporations I-X,
Defendants.
Appeal from the United States District Court
for the District of Arizona
Diane J. Humetewa, District Judge, Presiding
Argued and Submitted October 28, 2026
Phoenix, Arizona
Before: GRABER, HURWITZ, and BADE, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Plaintiff Noor Jehangir timely appeals the district court’s Rule 12(b)(6)
dismissal of her First Amended Complaint in this 42 U.S.C. § 1983 action. The
district court held that Defendants Marra Guajardo and Daniel East, Tempe police
officers, are entitled to qualified immunity. Reviewing de novo, Dahlia v.
Rodriguez, 735 F.3d 1060, 1066 (9th Cir. 2013), we affirm.
1. Plaintiff alleges that, after her arrest on a misdemeanor charge,
Defendants’ body-worn cameras repeatedly recorded her genitalia, which she
unconsciously exposed by thrashing around on a hospital bed and dislodging the
blanket draped over her in an examination cubicle at the hospital’s emergency
department. We assume, without deciding, that Defendants violated Plaintiff’s
Fourth Amendment rights by recording her. See Pearson v. Callahan, 555 U.S.
223, 236 (2009) (explaining that courts may address the prongs of the qualified
immunity test in any order). Nevertheless, none of the cases that Plaintiff cites
would have clearly informed Defendants that their alleged conduct violated the
Constitution. See Zorn v. Linton, 607 U.S. 568, 571–72 (2026) (per curiam)
(describing the standard for finding a clearly established right).
Observing an arrestee from the time of arrest to the time of booking has a
legitimate law enforcement purpose. That is particularly so when an arrestee, like
Plaintiff, is suffering serious medical problems at the time of the arrest. By
contrast, several of the cases on which Plaintiff relies concern observations that
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lacked a legitimate law enforcement purpose. Ioane v. Hodges, 939 F.3d 945, 954–
55 (9th Cir. 2018), as amended (Sep. 19, 2019), and Sepulveda v. Ramirez, 967
F.2d 1413, 1416–17 (9th Cir. 1992), involved law enforcement officers who
deliberately observed the plaintiffs while they were urinating, without a legitimate
law enforcement purpose. Byrd v. Maricopa County Board of Supervisors, 845
F.3d 919 (9th Cir. 2017), involved allegations that female prison guards viewed
male pretrial detainees while they were showering and using the toilet, without a
legitimate law enforcement purpose. Id. at 922–23.
Plaintiff’s specific claim is that the officers’ recording of their observations
violated her Fourth Amendment rights. But the use of body-worn cameras
promotes accountability and helps law enforcement agencies preserve evidence
and resolve complaints against officers. Plaintiff cites no case, and we have found
none, holding that officers who are observing an arrestee with a legitimate law
enforcement purpose violate the Constitution if they record, on a body-worn
camera, their permissible observations.
Nor does Plaintiff allege that Defendants recorded Plaintiff’s genitalia for a
prurient or other improper purpose. York v. Story, 324 F.2d 450 (9th Cir. 1963),
differs in this and other important aspects. There, the plaintiff was not under arrest.
Id. at 452. She reported an assault at a police station, where an officer ordered her
to undress and pose in indecent positions; he then photographed her and distributed
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the images to others. Id. Here, Plaintiff was in police custody and therefore
enjoyed a reduced expectation of privacy. See Maryland v. King, 569 U.S. 435,
462 (2013) (“The expectations of privacy of an individual taken into police
custody ‘necessarily [are] of a diminished scope.’” (alteration in original) (quoting
Bell v. Wolfish, 441 U.S. 520, 557 (1979))). Furthermore, unlike in York, the
officers here neither caused Plaintiff’s exposure nor deliberately viewed her while
she was undressed. Nor did Defendants allegedly use the recordings for an
improper purpose. Indeed, Plaintiff does not allege that anyone other than
Defendants and their supervisors has viewed the recordings for any purpose
unrelated to this litigation.
Additionally, even if Defendants violated state law and a police department
policy, as Plaintiff asserts, they did not thereby violate a clearly established
constitutional right. See Davis v. Scherer, 468 U.S. 183, 194 (1984) (“Officials
sued for constitutional violations do not lose their qualified immunity merely
because their conduct violates some statutory or administrative provision.”).
Finally, Defendants’ alleged conduct was not so egregious that no reasonable
officer would have believed that the conduct was constitutional. See Taylor v.
Riojas, 592 U.S. 7, 8–9 (2020) (per curiam) (stating standard).
2. By failing to raise the issue in her opening brief, Plaintiff has forfeited
any challenge to the district court’s dismissal of her Fourteenth Amendment claim.
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See Lui v. DeJoy, 129 F.4th 770, 780 (9th Cir. 2025) (holding that a party generally
forfeits any argument not raised in the opening brief).
AFFIRMED.
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