Denise Green v. City & County of San Francisco
2014 U.S. App. LEXIS 8824
9th Cir.2014Background
- ALPR misread Green’s license plate identifying her Lexus as stolen, prompting a high-risk stop without visual plate confirmation.
- Green was held at gunpoint, handcuffed, forced to kneel, and detained for up to twenty minutes before the error was discovered.
- Officers did not visually confirm the plate nor verify it with dispatch before initiating the stop.
- District court granted summary judgment to defendants; Green challenged on Fourth Amendment and state-law claims.
- Panel reversed summary judgment on multiple grounds, finding triable questions on reasonable suspicion, unlawful arrest, excessive force, and Monell/state-law claims, and remanded.
- Appeal preserved partial denial of Green’s motion for partial summary judgment; moot as to the cross-appeal on altering the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion? | Green | Kim/City | Triable issues; not lawful as a matter of law |
| Did the stop amount to an unlawful de facto arrest requiring probable cause? | Green | City/Police | Triable; jury must determine whether arrest occurred |
| Was the use of force during the stop excessive? | Green | City/Police | Triable; jury must determine reasonableness |
| Is there Monell municipal liability given a potential constitutional violation by an officer? | Green | City/Police | Remanded for further proceedings; triable issue remains |
| Are Green's state-law claims (Bane Act, IIED, negligence, etc.) properly survivable at summary judgment? | Green | City/Police | Remanded; triable issues preclude summary judgment |
Key Cases Cited
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (detention of automobile is a seizure under the Fourth Amendment)
- Motley v. Parks, 432 F.3d 1072 (9th Cir. 2005) (proffered information from fellow officers may support reasonable reliance)
- Washington v. Lambert, 98 F.3d 1181 (9th Cir. 1996) (totality of circumstances governs whether detention is an arrest)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force judged by totality of circumstances)
- Headwaters Forest Def. v. County of Humboldt, 240 F.3d 1185 (9th Cir. 2000) (excessive force questions should be left to jury in many cases)
- Torres v. City of Madera, 648 F.3d 1119 (9th Cir. 2011) (jury must resolve whether officer acted reasonably; questions of law and fact shared)