Loading...
HomeMy WebLinkAbout27- City Attorney �r 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. I i i-0264 o 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 I