Johnson v. BART, No. 11-16456 (9th Cir. 2013)
Annotate this CaseThese interlocutory appeals stemmed from an encounter between a group of young men and several BART officers that ended with the shooting and death of one of the men. The court concluded that Defendant Mehserle was not entitled to immunity from Oscar Grant, Jr.'s Fourteenth Amendment claim where there was a genuine issue of material fact as to whether Mehserle's action's were required by a legitimate law enforcement purpose; the court lacked jurisdiction to hear an appeal asserting a right to federal law qualified immunity from a California state law (Civil Code 52.1) violation; Mehserle was entitled to qualified immunity from a claim that he unlawfully arrested Plaintiff Anicete; the district court failed to consider whether there was any evidence that Mehserle participated in the extended detentions of Plaintiffs Anicete, Reyes, or Nigel Bryson; the district court properly denied Mehserle qualified immunity from Plaintiff Jack Bryson's unlawful arrest claim; Defendant Pirone was properly denied qualified immunity for his initial detention of Reyes, the Brysons, and Greer; Pirone was not entitled to qualified immunity for conducting a de facto arrest of Reyes and the Brysons; Pirone was not entitled to qualified immunity from Greer's unlawful arrest claim; and to the extent the district court relied on Dubner v. City and County of San Francisco to deny Defendant Domenici immunity, its judgment was vacated. Accordingly, the court affirmed in part, reversed in part, vacated in part, dismissed in part, and remanded.
Court Description: Civil Rights. The panel affirmed in part, vacated in part, and reversed in part the district court’s denial in part of qualified immunity to Bay Area Rapid Transit police officers, and dismissed a portion of one officer's appeal, in two civil rights suits arising from an encounter on a train platform that ended with the shooting and death of Oscar Grant III. Grant’s friends who were involved in the encounter, Nigel Bryson, Jack Bryson, Jr., Carlos Reyes, Michael Greer, and Fernando Anicete, Jr., brought suit alleging that transit officers Mehserle, Pirone and Domenici committed various violations of the United States Constitution and state law by detaining and arresting them and holding them handcuffed at the BART police headquarters overnight after shooting Grant. Grant’s father filed a separate complaint alleging that the officers violated his right to a familial relationship with his son. The panel first held that Mehserle was not entitled to qualified immunity from Grant’s father’s Fourteenth Amendment claim for deprivation of a familial relationship. The panel declined Mehserle’s invitation to find, as a matter of law, that Grant and his father lacked a sufficiently strong father–son bond to support the claim. The panel further determined that given the factual dispute as to whether Mehserle’s actions were required by a legitimate law enforcement purpose, the district court could not have properly granted Mehserle qualified immunity. The panel therefore affirmed the district court’s judgment as to the Fourteenth Amendment claim. Citing Liberal v. Estrada, 632 F.3d 1064 (9th Cir. 2011), the panel determined that it lacked jurisdiction to review the district court’s judgment denying Mehserle qualified immunity from the plaintiffs’ California Civil Code § 52.1 claim, and dismissed that portion of Mehserle’s appeal. Reversing the judgment, the panel held that Mehserle was entitled to qualified immunity from Anicete’s unlawful arrest claim because there was no evidence that he played any part in the arrest. The panel held that the district court relied improperly on Dubner v. City and County of San Francisco, 266 F.3d 959 (9th Cir. 2001), in denying Mehserle qualified immunity as to Anicete’s, Reyes’s and Nigel Bryson’s extended detention claims at BART police headquarters, and therefore vacated the judgment, with instructions that on remand, the district court should determine whether there was any evidence that Mehserle was responsible for those extended detentions. Affirming the district court, the panel held that: (1) Mehserle was not entitled to qualified immunity from Jack Bryson’s unlawful arrest claim; (2) Pirone was not entitled to qualified immunity from Reyes’s, Greer’s and the Brysons’ claim for unlawful detention given the questionable nature of Pirone’s authority to detain the group for a misdemeanor that abated before his arrival; (3) Pirone was not entitled to qualified immunity from Reyes’s and the Brysons’ claim that he conducted a de facto arrest, without the requisite probable cause, by drawing his Taser; (4) Pirone was not entitled to qualified immunity for arresting Greer for his refusal to accede to the unlawful detention. Finally, the panel held that to the extent the district court relied solely on Dubner to deny Domenici immunity from any of the plaintiffs’ claims, the judgment was vacated and on remand the district court should reconsider its decision in accordance with the panel’s opinion. To the extent the district court relied upon disputed facts to deny Domenici immunity, the panel stated that it lacked jurisdiction to review that denial.
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