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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
Subject: Authorization to join amicus curiae brief in support
of the County of Solano in the case of Robinson v. Solano County
Dept: CITY ATTORNEY
Date: March 1, 2001
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Synopsis of Previous Council action:
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support
of the County of Solano in the case of Robinson v. Solano County
Contact person: Robert 1. Simmons
Phone:
5355
Supporting data attached:
StatfReport
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. I.. <) J
3/5/0)
STAFF REPORT
Council Meeting Date: March 5. 2001
TO:
FROM:
DATE:
ITEM:
Mayor and Common Council
James F. Penman, City Attorney
March 1,2001
Authorization to join amicus curiae brief in support of the County of Solano in
the case of Robinson v. Solano County
Sheriff deputies were called to an incident of a man shooting at dogs in the neighborhood and
then walking up and down the street with a gun.
Before the deputies arrived, the man put away the gun. Upon arrival, the man admitted he
had done the acts. The deputies drew their weapons for their safety.
The man sued. The U.S. District Court (Sacramento) granted summary judgment to the
officers. A three judge panel ofthe 9th Circuit reversed and also held that this is well established law
and refused qualified immunity to the officers.
The matter is now before an en bane panel of the 9th Circuit, where eleven judges will review
the decision.
The City Attorney recommends that the City of San Bernardino join in the amicus curiae brief
There is no cost to the City of San Bernardino in the joinder of this brief