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CITY OF SAN BERN DINO - REQUEST F"'A COUNCIL ACTION
From: JAMES F. PENMAN Subject: Joining in an Amicus Brief
CITY ATTORNEY re: DESHETRES VS. SGT. STEEN
Dept:
Date: March 27 , 1995
Synopsis of Previous Council action:
NONE
I e'i"j Lc
Recommended motion:
That the City of San Bernardino join in the amicus brief re: Deshetres
vs. Sgt. Steen - U. S. Court of Appeals for the Ninth Circuit No. 94-16912 .
Signature
,ontact person: .Tamps F- Penman Phone: 5 3 5 r;
supporting data attached: yes Ward:
=UNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
:ouncil Ndt,
5-0262 C2 7
7 Agenda Item No.
CITY OF SAN BERNf -1DINO - REQUEST F( I COUNCIL ACTION
STAFF REPORT
See attached letter dated March 8, 1995 from Patrick C. Wilson,
Assistant City Attorney, City of Santa Rosa.
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CITY OF
3ENE AUGUSTE CHOUTEAU
3RUCE LEAVITT
AATTHEW J.LeBIANC
THERESA L CUNNINGHAM
'ATRICK C.WILSON
March 8, 1995
TO ALL CALIFORNIA CTTY ATTORNEYS:
Re: Deshetres v. Set. Steen
U.S. Court of Appeals for the Ninth Circuit No. 94-16912
The purpose of this letter is to request that your City join in the amicus brief which the
League of California Cities Advocacy Committee has commissioned Doug Collodel to
author in connection with the appeal in the above-referenced suit.
The appeal is of statewide interest since the outcome will affect all police officers who must
serve Search or Arrest Warrants under perilous circumstances. The case involves Sgt.
Michael Steen of the Santa Rosa Police Department,who was supervising a special response
team in the service of a narcotics Search Warrant at the Misfit Motorcycle Gang clubhouse
in Santa Rosa. As Sgt. Steen and his officers approached the Misfit clubhouse, their
presence was prematurely discovered by a confederate of the gang who, after observing the
police, went to the back of the clubhouse to warn the occupants. Given the premature
warning and the expectation of armed resistance by the gang members, Sgt. Steen decided
to dispense with knock notice. However, by the time Sgt. Steen ordered forcible entry,
seven to ten seconds had elapsed while the officer at the front door knocked and announced
the police purpose. It took another thirty seconds for the police to force open the front
door. Once inside, the police encountered Joseph Deshetres, who confronted them with a
gun. Deshetres was shot and wounded by the lead officer.
Deshetres and his girlfriend sued under 42 U.S.C. § 1983 claiming that the Search Warrant
was invalid and that Sgt. Steen's order of rapid forcible entry violated the Fourth
Amendment. The District Court upheld the validity of the Warrant, but concluded that Sgt.
` Steen did not wait long enough before ordering forcible entry, thus violating the Fourth
Amendment. The Court also denied qualified immunity to Sgt. Steen. An interlocutory
OFFICE OF THE CITY ATTORNEY
100 Santa Rosa Avenue Post Office Box 1678 Santa Rosa California 95402.1678
Telephone 707.543-3040 FAX 701.543-3055
All California City Attorneys
Page 2
March 8, 1995
appeal on the qualified immunity issue was rejected by the Ninth Circuit. A petition for a
writ of certiorari in the United States Supreme Court was denied, with Justice White voting
to grant certiorari.
At trial, the Court instructed the jury that a Fourth Amendment violation had occurred.
The jury awarded substantial money damages to plaintiffs; in addition, plaintiffs' attorneys
seek over $360,000 in fees under § 1988.
Sgt. Steen is now appealing the jury verdict on the grounds that there was no Fourth
Amendment violation and that he is entitled to qualified immunity in any event. Because
the issues on appeal are of critical importance to every peace officer who serves a Search
Warrant under dangerous circumstances, we would appreciate your participation in the
amicus brief. If your City is willing to support our appeal, kindly return the enclosed card
to Doug Collodel by no later than March 31. 1995. Thank you.
Very truly yours,
ja�4- C. A
PATRICK C. WILSON
Assistant City Attorney
City of Santa Rosa
Enclosure
c: Doug Collodel
Morris, Polich & Purdy
1055 W. 7th Street, Suite 2400
Los Angeles, CA 90017
JoAnne Speers, General Counsel
League of California Cities
1400 K Street
Sacramento, CA 95814
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