United States Ninth Circuit

In a civil rights suit arising from plaintiff's arrest for trespassing within the gated area of a Cooperative and a resulting search, judgment as a matter of law and various rulings in favor of defendants are reversed in part where: 1) as a matter of law, officers did not have probable cause to arrest plaintiff for trespass under the California Penal Code, or any other criminal statute identified by the officers and city; 2) officers were not entitled to qualified immunity for the arrest, and plaintiff was thus entitled to judgment as a matter of law on the arrest claims; 3) for purposes of search claims, a reasonable jury could find that officers subjected plaintiff to an unreasonable search in violation of the Fourth Amendment; 4) officers were not entitled to qualified immunity for the search; 5) dismissal of state law claims against the city and officers was error; and 6) summary judgment on Monell claims against the city was error.

Appellate Information

• Argued 11/13/2006
• Decided 07/17/2007
• Published 07/17/2007

Judges

• PAEZ, Circuit Judge:, Before:  WILLIAM C. CANBY, JR., JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gregory M. Haynes, San Francisco, CA, for plaintiff-appellant Erris Edgerly.


• For Appellees:
  
• Dennis J. Herrera, City Attorney, Joanne Hoeper, Chief Trial Attorney, Sean F. Connolly, Deputy City Attorney, San Francisco City Attorney's Office, San Francisco, CA, for defendants-appellees City and County of San Francisco, John Conefrey, and David Goff., Teke Kelley, Jeremy Sugerman, Daniel J. O'Rielly, Gordon-Creed, Kelley, Holl & Sugerman, LLP, San Francisco, CA, for defendant-appellee Frederick Schiff.