Cameron v. Craig, No. 11-55927 (9th Cir. 2013)
Annotate this CasePlaintiff appealed the district court's order granting summary judgment in favor of the County Defendants. Plaintiff claimed, among other things, that the County Defendants conspired to violate, and did violate, her Fourth and Fourteenth Amendment rights when they unlawfully searched her home pursuant to an invalid search warrant, used excessive force in the execution of that warrant, and arrested her without probable cause. Because there was probable cause to search plaintiff's residence and to arrest her, the court affirmed the district court's entry of judgment with respect to those claims. Because disputed issues of material fact remained regarding plaintiff's excessive force and conspiracy claims, however, the court reversed and remanded those claims to the district court for further proceedings.
Court Description: Civil Rights. The panel affirmed in part and reversed in part the district court’s summary judgment and remanded in a 42 U.S.C. § 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. The panel held that 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. The panel nevertheless held that disputed issues of material fact remained regarding plaintiff’s excessive force and conspiracy claims, which alleged that six to ten Sheriff’s Deputies entered her residence with guns drawn early in the morning, pointed weapons at her, grabbed her by the arms and shoulders, pushed her in the back down a hallway, and then tightly handcuffed her. 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, the panel concluded that plaintiff’s excessive force and conspiracy claims should go to the jury.
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