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