McMahon v. San Francisco Police Department et al
Filing
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ORDER GRANTING 25 MOTION FOR SUMMARY JUDGMENT. Signed by Judge William H. Orrick on 10/12/2017. (jmdS, COURT STAFF) (Filed on 10/12/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HELENA MCMAHON,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 17-cv-00174-WHO
ORDER GRANTING MOTION FOR
SUMMARY JUDGMENT
v.
SAN FRANCISCO POLICE
DEPARTMENT, et al.,
Defendants.
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INTRODUCTION
Plaintiff Helena McMahon refused to leave her parked car after being instructed to do so
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by the City and County of San Francisco Parking Control Officers and a San Francisco Police
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Department officer, Mikayla Connell. Connell and her partner then forcibly removed McMahon
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from her vehicle and used a control hold technique to detain her while her car was towed.
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McMahon alleges that she was unlawfully detained and subjected to excessive force by defendants
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San Francisco Police Department (“SFPD”), City and County of San Francisco (“CCSF”), and
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Connell. But the undisputed facts establish that defendants detained McMahon because she was
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interfering with a lawful action by a Parking Enforcement Officer and did not use unreasonable
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force in doing so. I GRANT defendants’ motion for summary judgment for all causes of action.
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BACKGROUND
On May 31, 2016, McMahon’s neighbor warned McMahon that her car was being towed.
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McMahon Decl. ¶ 1(Dkt. No. 30). McMahon rushed outside and asked the two parking control
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officers (the “PCOs”) why her legally parked car was being towed. McMahon Depo., Exh. C at
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65:17-25 (Dkt. No. 25-3). The PCOs informed her she had eight unpaid parking tickets. Id. at
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46:10. McMahon continued trying to convince the PCOs not to tow her car, and eventually
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entered her car to prevent it from being towed. Id. at 67:24-26. The PCOs asked her to get out of
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the car. McMahon refused, pleading with them not to tow her car. Id. at 68:12-15.
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After some time, the PCOs informed McMahon that if she did not remove herself from the
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car, they would call the police. Id. at 69:3-6. McMahon did not believe the PCOs and remained in
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the car. Id. at 70:6-10. Shortly thereafter, Connell and her partner arrived at the scene. Connell
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Decl. ¶ 3 (Dkt. No. 25-2). After speaking with the PCOs, Connell requested multiple times that
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McMahon get out of the car. Id. ¶ 5; McMahon Depo. at 77:14-20. McMahon refused.
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McMahon Depo. at 78:2-5. Connell warned McMahon that she would be physically removed
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from the car unless she left voluntarily. Connell Decl. ¶ 5. She did not leave the car. Connell and
her partner then each grabbed one of McMahon’s arms and, using a control hold technique,
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United States District Court
Northern District of California
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removed her from the car. McMahon Depo. at 92:16-17; Connell Decl. ¶ 5. Connell and her
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partner restrained McMahon until the car was successfully towed. McMahon Depo. at 93:9-11;
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Connell Decl. ¶ 5.
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After McMahon was released, she returned to her office building without requesting
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medical attention from the officers. McMahon Decl. ¶ 23. However, the next day, she received
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medical attention for strained ligaments to her wrist and neck from her regular physician. Id. ¶ 24.
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McMahon took pictures that show visible injuries. Exh. C. at 68-80.
LEGAL STANDARD
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A party is entitled to summary judgment where it “shows that there is no genuine dispute
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as to any material fact and [it] is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A
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dispute is genuine if it could reasonably be resolved in favor of the nonmoving party. Anderson v.
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Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A fact is material where it could affect the outcome
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of the case. Id.
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The moving party has the initial burden of informing the court of the basis for its motion
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and identifying those portions of the record that demonstrate the absence of a genuine dispute of
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material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). Once the movant has
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made this showing, the burden shifts to the nonmoving party to identify specific evidence showing
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that a material factual issue remains for trial. Id. The nonmoving party may not rest on mere
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allegations or denials from its pleadings, but must “cit[e] to particular parts of materials in the
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record” demonstrating the presence of a material factual dispute. Fed. R. Civ. P. 56(c)(1)(A). The
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nonmoving party need not show that the issue will be conclusively resolved in its favor. See
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Anderson, 477 U.S. at 248-49. All that is required is the identification of sufficient evidence to
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create a genuine dispute of material fact, thereby “requir[ing] a jury or judge to resolve the parties’
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differing versions of the truth at trial.” Id. (internal quotation marks omitted). If the nonmoving
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party cannot produce such evidence, the movant “is entitled to . . . judgment as a matter of law
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because the nonmoving party has failed to make a sufficient showing on an essential element of
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her case.” Celotex, 477 U.S. at 323.
On summary judgment, the court draws all reasonable factual inferences in favor of the
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United States District Court
Northern District of California
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nonmoving party. Anderson, 477 U.S. at 255. “Credibility determinations, the weighing of the
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evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a
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judge.” Id. However, conclusory and speculative testimony does not raise a genuine dispute and
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is insufficient to defeat summary judgment. See Thornhill Publ’g Co., Inc. v. GTE Corp., 594
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F.2d 730, 738-39 (9th Cir. 1979).
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DISCUSSION
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Defendants seek summary judgment on all of McMahon’s claims because there is no
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material fact in dispute to contest that Connell’s conduct was objectively reasonable. They assert
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that even if the force was objectively unreasonable in violation of the Fourth Amendment, Connell
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is entitled to qualified immunity because a reasonable officer would not have known at the time of
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the incident that the conduct violated clearly established law . I agree with both arguments.
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I.
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42 U.S.C. § 1983 (FIRST AND SECOND CLAIMS)
McMahon alleges a violation of her Fourth Amendment rights under 42 U.S.C. § 1983
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against defendants. A successful section 1983 claim must establish: “(1) that a person acting
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under color of state law committed the conduct at issue, and (2) that the conduct deprived the
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claimant of some right, privilege, or immunity protected by the Constitution or laws of the United
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States.” Leer v. Murphy, 844 F.2d 628, 632-33 (9th Cir. 1988) (citations omitted). McMahon
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cannot establish the second prong of a 1983 claim.
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A.
Fourth Amendment Violation
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“Under the Fourth Amendment, law enforcement may use objectively reasonable force to carry
out such seizures; as in the unlawful arrest analysis, this objective reasonableness is determined by an
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assessment of the totality of the circumstances.” Green v. City & Cty. of San Francisco, 751 F.3d
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1039, 1049 (9th Cir. 2014) (internal quotation marks omitted). To determine whether an officer’s use
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of force was reasonable, courts must balance the nature and quality of the intrusion on a person’s
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liberty with the countervailing governmental interests at stake. Davis v. City of Las Vegas, 478 F.3d
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1048, 1054 (9th Cir. 2007) (internal quotations and citations omitted). This balancing act requires
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courts to “assess the quantum of force used” and then “measure the governmental interests at stake” by
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considering the following three factors: “(1) the severity of the crime at issue, (2) whether the suspect
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United States District Court
Northern District of California
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poses an immediate threat to the safety of the officers or others, and (3) whether he is actively resisting
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arrest or attempting to evade arrest by flight.” Id. (citing Graham v. Connor, 490 U.S. 386, 396
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(1989)).
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McMahon’s interaction with the officers occurred because she entered her car to prevent the
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PCOs from towing it. The PCOs and the officers responding to the scene repeatedly asked her to
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remove herself from the car so that it could be lawfully towed. In light of her refusal to do so, it was
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reasonable for the officers to believe that in order for the PCOs to fulfill their duties, they would need
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to remove her from the car. When Connell and her partner removed McMahon from her car, they did
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so using a control hold technique, which is on the lowest end of the allowable force spectrum.
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The reasonableness of a particular use of force must be judged “from the perspective of a
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reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Graham, 490 U.S. at
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396 (citation omitted). “Not every push or shove, even if it may later seem unnecessary in the peace of
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a judge’s chambers, [] violates the Fourth Amendment.” Id. at 396-97 (internal quotation marks and
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citation omitted). “The calculus of reasonableness must embody allowance for the fact that police
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officers are often forced to make split-second judgments – in circumstances that are tense, uncertain,
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and rapidly evolving – about the amount of force that is necessary in a particular situation.” Id.
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Defendants satisfy the three Graham factors to show that Connell’s conduct was reasonable.
Despite McMahon’s argument that there is no governmental interest at stake, CCSF and SFPD have a
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legitimate interest in ensuring that public officers are not impeded from completing their official
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duties. While McMahon’s obstinance did not pose a serious threat to public safety, her refusal to leave
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the car violated section 148 of the California Penal Code and directly conflicts with this governmental
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interest. See In re Muhammed C., 95 Cal. App. 4th 1325, 1329 (“The legal elements of a violation [of
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section 148] . . . are as follows: (1) the defendant willfully resisted, delayed, or obstructed a peace
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officer, (2) when the officer was engaged in the performance of his or her duties, and (3) the defendant
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knew or reasonably should have known that the other person was a peace officer engaged in the
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performance of his or her duties.”). And, the nature and quality of the force employed by Connell was
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at the lowest end of the spectrum. She did not threaten or use deadly force and did not deliver physical
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blows or cuts. The force consisted only of a control hold, the least grave physical force police officers
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United States District Court
Northern District of California
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are allowed to deploy. Bradley Decl. at 5 (Dkt. No. 5). Compare Eberle v. City of Anaheim, 901 F.2d
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814, 820 (1990) (reasonable as a matter of law to use a painful “finger control hold” to remove
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belligerent spectator from arena), with Hammer v. Gross, 932 F.2d 842, 846 (1991) (unreasonable to
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forcibly extract blood against the will of arrestee who indicates a willingness to undergo alternative
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form of alcohol testing).
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In short, defendants did not violate McMahon’s Fourth Amendment rights.
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B.
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The doctrine of qualified immunity protects government officers who do not knowingly violate
Qualified Immunity
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the law. Gasho v. United States, 39 F.3d 1420, 1438 (9th Cir. 1994). Even if McMahon had
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demonstrated a Fourth Amendment violation, Connell would be entitled to qualified immunity unless a
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reasonable officer would have known at the time of the incident that her conduct violated clearly
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established law.
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Qualified immunity requires a two-part analysis: “1) Was the law governing the official’s
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conduct clearly established? 2) Under that law, could a reasonable officer have believed the conduct
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was lawful?” Act Up!/Portland v. Bagley, 988 F.2d 868, 871 (9th Cir. 1993). This is “an objective
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standard” that leaves “ample room for mistaken judgments.” Duran v. City of Douglas, Ariz., 904
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F.2d 1372, 1376 (9th Cir. 1990) (internal citation and quotation marks omitted). It is the plaintiff’s
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“burden to show that the contours of the right were clearly established” at the time of the alleged
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misconduct. Clairmont v. Sound Mental Health, 632 F.3d 1091, 1109 (9th Cir. 2011).
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McMahon points to no case establishing that the use of a control hold under similar facts was a
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violation of the Fourth Amendment. In contrast, defendants cite Miller v. Clark County, 340 F.3d 959,
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967-68(9th Cir. 2003) to support their position that the use control hold did not violate the Fourth
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Amendment. In Miller, the plaintiff was seriously injured by a police dog but the court did not find
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excessive force because the force was reasonably necessary in the situation. Miller is not analogous,
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but it does provide context for this case. Viewed in the light most favorable to McMahon, the
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evidence fails to create a genuine dispute that reasonable officers in this situation would have known at
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the time of the incident that their conduct violated clearly established law. The officers are entitled to
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qualified immunity.
United States District Court
Northern District of California
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C.
CCSF and SFPD Liability
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Defendants move for summary judgment as to CCSF and SFPD, arguing that McMahon
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fails to allege a CCSF or SFPD policy or custom that caused her injury as required by the rule set
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out in Monell v. Department of Social Services, 436 U.S. 658, 690 (1978). Mot. for Summary
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Judgment 11 (Dkt. No. 26). McMahon argues that California rejects the application of Monell and
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permits courts to impose liability on counties under the doctrine of respondeat superior. Oppo.
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19-20 (Dkt. No. 32). As to its federal cause of action, McMahon is incorrect. The Monell rule
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applies to federal causes of actions.
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“[A] municipality cannot be held liable under [section] 1983 on a respondeat superior
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theory.” Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 691 (1978). “Rather,
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the Supreme Court has required a plaintiff seeking to impose liability on a municipality under
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[section] 1983 to identify a municipal policy or custom that caused the plaintiff’s injury.” Hunter
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v. Cty. of Sacramento, 652 F.3d 1225, 1232-33 (9th Cir. 2011) (internal quotation marks and
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citations omitted). For a municipality to be liable, the plaintiff must establish: “(1) that he or she
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possessed a constitutional right of which he or she was deprived; (2) that the municipality had a
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policy; (3) that this policy amounts to deliberate indifference to the plaintiff’s constitutional right;
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and (4) that the policy was the moving force behind the constitutional violation.” Miranda v. City
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of Cornelius, 429 F.3d 858, 868 (9th Cir. 2005) (internal citations, quotations marks, and
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modifications omitted).
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McMahon has failed to show the existence of a policy or custom giving rise to municipal
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liability. Accordingly, defendants’ motion for summary judgment for McMahon’s section 1983
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claim is GRANTED.
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II.
ASSAULT AND BATTERY (THIRD CLAIM)
McMahon also contends that Connell is liable for assault and battery. Under California
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law, a plaintiff alleging an assault-and-battery action against a law enforcement officer must prove
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unreasonable force as an element of the tort. See Yount v. City of Sacramento, 43 Cal. 4th 885,
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902 (2008); Edson v. City of Anaheim, 63 Cal. App. 4th 1269, 1272-73 (1998). “Claims that
police officers used excessive force in the course of . . . [a] seizure of a free citizen are analyzed
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United States District Court
Northern District of California
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under the reasonableness standard of the Fourth Amendment.” Munoz v. City of Union City, 120
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Cal. App. 4th 1077, 1102 (2004). For the reasons discussed earlier, Connell’s use of force was not
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unreasonable. Defendants’ motion for summary judgment on this claim is GRANTED.
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III.
NEGLIGENCE (FOURTH CLAIM)
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McMahon also seeks to hold all defendants liable for negligence. Under California law, a
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plaintiff alleging negligence must prove four elements: (1) duty, (2) breach, (3) causation, and (4)
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damages. Conroy v. Regents of Univ. of Cal., 45 Cal. 4th 1244, (2009). McMahon cannot
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establish that Connell breached a duty to her because, as discussed above, the force that Connell
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used during the interaction was reasonable. “A police officer in California may use reasonable
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force to make an arrest, prevent escape or overcome resistance.” Edson, 63 Cal.App.4th at 1272-
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73 (citing Cal. Penal Code § 835a). Accordingly, I GRANT defendants’ motion for judgment on
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McMahon’s negligence cause of action.
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CONCLUSION
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For the reasons above, the defendants’ Motion for Summary Judgment is GRANTED on
all causes of action. Judgment shall be entered accordingly.
IT IS SO ORDERED.
Dated: October 12, 2017
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William H. Orrick
United States District Judge
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United States District Court
Northern District of California
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