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David Grossman v. John Popp
696 F. App'x 248
| 9th Cir. | 2017
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Background

  • Grossman, pro se, sued under 42 U.S.C. § 1983 and state law after a traffic stop, arrest, booking, jail detention, and impoundment of his vehicle. The district court granted summary judgment for defendants; Grossman appealed.
  • Key contested events: the traffic stop and arrest; whether he should have been released immediately after arrest; the seizure/impound of his vehicle; and an alleged false imprisonment by officer Popp.
  • Grossman argued the stop, arrest, detention, and tow violated the Fourth Amendment, Article I § 13 of the California Constitution, and due process; he also alleged false imprisonment under California law.
  • Defendants maintained the stop and arrest were supported by reasonable suspicion/probable cause, booking/detention was lawful, the impound fell within community caretaking and related doctrines, and Popp had lawful privilege for the arrest.
  • The Ninth Circuit reviewed de novo and affirmed summary judgment for defendants on all claims and affirmed denial of leave to amend to add C.D. Vincent as futile.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Legality of traffic stop and arrest Grossman: stop/arrest lacked reasonable suspicion and probable cause Officers: stop was based on traffic violations and arrest supported by probable cause Affirmed for defendants — no genuine dispute that stop/arrest were lawful
Right to immediate release after arrest/booking Grossman: should have been released without booking Officers: arresting officer had discretion; no constitutional right to immediate release for misdemeanors Affirmed — no right to immediate release; detention for booking lawful
Seizure/impound of vehicle Grossman: impound and retention violated Fourth Amendment and due process Officers: impound permissible under community caretaking; post-tow hearing not required pre-seizure Affirmed — impound lawful and procedures met due process standards
False imprisonment claim against Popp Grossman: unlawful detention/privilege lacking Defendants: arrest performed with lawful privilege/probable cause Affirmed — no disputed material fact that Popp lacked lawful privilege
Denial of leave to amend to add C.D. Vincent Grossman: sought to add an additional defendant Defendants: amendment would be futile Affirmed — district court did not abuse discretion denying amendment

Key Cases Cited

  • Glenn v. Washington County, 673 F.3d 864 (de novo review standard cited)
  • Rodriguez v. United States, 135 S. Ct. 1609 (limits on traffic-stop scope and duration)
  • Beck v. Ohio, 379 U.S. 89 (probable cause supports arrest)
  • United States v. Hartz, 458 F.3d 1011 (reasonable suspicion for traffic stops)
  • Lyall v. City of Los Angeles, 807 F.3d 1178 (state constitutional seizure protections parallel Fourth Amendment)
  • Higbee v. City of San Diego, 911 F.2d 377 (no constitutional right to immediate release for misdemeanor arrestees)
  • Ramirez v. City of Buena Park, 560 F.3d 1012 (community caretaking doctrine permits impound in certain circumstances)
  • Miranda v. City of Cornelius, 429 F.3d 858 (no pre-deprivation hearing required for certain vehicle impounds)
  • Scofield v. City of Hillsborough, 862 F.2d 759 (post-towing hearing not required by due process)
  • Young v. County of Los Angeles, 655 F.3d 1156 (elements of false imprisonment under California law)
  • Lopez v. Smith, 203 F.3d 1122 (standards for denial of leave to amend)
Read the full case

Case Details

Case Name: David Grossman v. John Popp
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 17, 2017
Citation: 696 F. App'x 248
Docket Number: 16-55854
Court Abbreviation: 9th Cir.