Andrew Hamer v. City of Eureka
669 F. App'x 926
| 9th Cir. | 2016Background
- Plaintiff was arrested after officers encountered him jaywalking in Eureka, California. Video evidence captured the encounter and use of force.
- Sergeant Nova ordered the arrest; Officer Liles tackled the plaintiff; Deputies Mowrey and Crosswhite struck the plaintiff with batons (Mowrey multiple times, Crosswhite once).
- Police Chief Harpham attempted to detain plaintiff after Nova ordered the arrest but never made physical contact with plaintiff.
- Plaintiff alleged excessive force and Monell claims (failure to train and ratification) against the City of Eureka and Humboldt County; plaintiff did not pursue the County failure-to-train claim on appeal.
- The district court denied summary judgment for defendants; defendants appealed. The Ninth Circuit reviewed denial of summary judgment de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest (jaywalking) | Nova lacked probable cause; arrest unlawful | Plaintiff was jaywalking in violation of Cal. Veh. Code § 21955; arrest lawful | Court: Nova had probable cause; summary judgment for Nova (individual & official) granted |
| Harpham liability (individual) | Harpham participated in detention; liable | Harpham never made contact; no personal involvement | Court: Harpham entitled to qualified immunity in individual capacity; summary judgment for Harpham (individual) granted |
| Monell liability re: failure to train (City & Harpham official) | City/Harpham failed to train Officer Liles causing constitutional violation | City/Harpham dispute causation and existence of policy/failure-to-train | Court: Genuine issues of material fact remain; denial of summary judgment for City and Harpham (official) affirmed |
| Excessive force by Liles, Mowrey, Crosswhite | Use of force was excessive as shown on video | Force was reasonable under circumstances | Court: Permissible interpretation of video supports excessive force claims; denial of summary judgment for Liles, Mowrey, Crosswhite affirmed |
Key Cases Cited
- Atwater v. City of Lago Vista, 532 U.S. 318 (arrest for minor offense can provide probable cause)
- Blankenhorn v. City of Orange, 485 F.3d 463 (probable cause standards in § 1983 Fourth Amendment claims)
- Monell v. Department of Social Services of New York, 436 U.S. 658 (municipal liability for constitutional violations via policy or custom)
- Collins v. City of Harker Heights, 503 U.S. 115 (limits and requirements for municipal liability and failure-to-train claims)
- Van Ort v. Estate of Stanewich, 92 F.3d 831 (causation and proof standards for municipal failure-to-train claims)
- Graham v. Connor, 490 U.S. 386 (excessive force analysis under the Fourth Amendment)
- Wilkinson v. Torres, 610 F.3d 546 (application of Graham reasonableness standard in Ninth Circuit)
- Chew v. Gates, 27 F.3d 1432 (jury determination appropriate when factual disputes about force exist)
- Watkins v. City of Oakland, 145 F.3d 1087 (pendent jurisdiction and review limits on appeal)
- Swint v. Chambers County Comm’n, 514 U.S. 35 (when issues are inextricably intertwined for pendent jurisdiction)