Scott v. County of San Bernardino, No. 16-55518 (9th Cir. 2018)Annotate this Case
The summary arrest, handcuffing, and police transport to the station of middle school girls was a disproportionate response to the school's need, which was dissipation of what the school officials characterized as an "ongoing feud" and "continuous argument" between the students. The Ninth Circuit affirmed the district court's denial of summary judgment to defendants based on qualified immunity and grant of summary judgment for students in an action alleging that a sheriff's deputy arrested the students on campus without probable cause in violation of their Fourth Amendment rights and state law. In this case, the deputy was invited to speak to a group of girls in school about bullying and fighting. When the girls were unresponsive and disrespectful, the deputy arrested the girls.
The panel applied the two-part reasonableness test set forth in New Jersey v. T.L.O., 469 U.S. 325, 333 (1985), holding that the arrests were unreasonable because they were not justified at their inception nor reasonably related in scope to the circumstances; officers were not entitled to qualified immunity because no reasonable officer could have reasonably believed that the law authorized the arrest of a group of middle schoolers in order to teach them a lesson or to prove a point; and the evidence was insufficient to create probable cause to arrest the students for violating California Penal Code 415(1) or Cal. Welf. & Inst. Code 601(a), and thus plaintiffs were entitled to summary judgment on their state false arrest claim.