United States Ninth Circuit

Summary judgment for defendants in 1983 action in which plaintiff alleged that her Fourth Amendment rights were violated when San Diego County defendants conspired with the father of her children, a San Diego County Sheriff’s Deputy, to obtain a warrant to search her home without probable cause, used excessive force while executing that warrant, and then arrested her, is: 1) affirmed in part, where under the totality of circumstances there was probable cause to search plaintiff's residence and to arrest her for fraudulently using the Deputy's personal credit card to obtain valuable property; but 2) vacated and remanded in part, where disputed issues of material fact remained regarding plaintiff's excessive force and conspiracy claims, and in viewing the evidence in the light most favorable to plaintiff, who did not pose a threat to officer safety and was not resisting arrest, and drawing all reasonable inferences therefrom, plaintiff’s excessive force and conspiracy claims should go to the jury.

Appellate Information

• Decided 04/16/2013
• Published 04/16/2013

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel