Dr. Rafael Beier This is Me

Education

 Web References

1. 1. Shoshone County Idaho People

   www.ruralnorthwest.com/shoshon - [Cached]

   Published on: 5/8/2001   Last Visited: 2/3/2003

   Beier joins staff at Mountain Health Care: Dr. Rafael Beier, D.O., has joined the staff at Mountain Health Care, Kellogg, as a family practice physician. Beier served his residency at the University of Kansas Medical Center in Kansas City, Missouri, and worked at the Northern Idaho Indian Health Clinic, Lapwai, and with the Havasupai Tribe in Supai, Arizona, before moving to Kellogg.

2. 2. Jones & Mayer: Case Updates - Vol. Nineteen No. One

   www.jones-mayer.com/caseupdate - [Cached]

   Published on: 1/1/2004   Last Visited: 11/13/2007

   Rafael Beier and his wife, Susan, were in the process of divorcing. Susan called police after a dispute arose between Beier and their son, Joseph. Responding officer Mundell informed Susan of the process for obtaining a civil protection order and gave her a pamphlet concerning such orders. Susan applied for and obtained a temporary protection order against Beier. The order contained a provision that Beier was not to harass or follow Susan and not contact or attempt to contact the other in person, in writing, by a third person, or by telephone.
   
   A few days after obtaining the order, Susan attended church services. Beier appeared at the church with his infant son from another relationship. Beier had been a member of the congregation and sat several rows behind Susan. Susan was informed by Joseph that Beier was present. Disturbed by Beier's presence, Susan consulted with the Bishop and, on his advice, called the Lewiston Police Department, talked with officer Mundell and told him she had a restraining order against Beier, and that Beier was violating the order. Mundell checked with the dispatcher to confirm the issuance and service of the protection order but did not request information about the order's terms.
   
   Officer Mundell came to the church, encountered Beier, repeatedly asked him to leave and Beier refused. When Mundell informed Beier he was in violation of the restraining order, Beier informed Mundell that he was not in violation of any restraining order and asked Mundell to read the order for himself. Officer Mundell responded that he had not read the order and did not know the details of the order, but that Beier would be arrested if he did not leave the church. Officer Mittendorf arrived at the scene to assist Mundell and, after the dispute continued for some time, with Beier persistently refusing to leave, Beier was placed under arrest by Mittendorf.
   
   All charges against Beier were dismissed by the county prosecutor and Beier brought a 42 U.S.C. § 1983 action against Mundell, Mittendorf, the City and others, alleging Fourth Amendment violations. The district court denied the officer's motion for summary judgment on qualified immunity grounds.
   
   The United States District Court of Appeals, Ninth Circuit, affirmed the district court's denial of the officer's motion, holding that the officers could not have reasonably believed that Beier's arrest complied with the Fourth Amendment, as any reasonably competent officer would have ascertained the terms of the protection order before arresting Beier for failing to comply with it.