Jennifer Parenteau v. Raul Silva

MEMORANDUM

Jennifer Parenteau appeals the district court’s summary judgment in favor of Defendants Deputy Raul Silva, Deputy Derek Sanders, and the County of San Diego on her 42 U.S.C. § 1983 claim for unlawful entry in violation of the Fourth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

I.

The district court improperly granted summary judgment in favor of Deputies Silva and Sanders on the question of unlawful entry. For warrantless entry to be justified under the Fourth Amendment, the Deputies were required to have probable cause and exigent circumstances justifying immediate entry. United States v. Struckman, 603 F.3d 731, 739 (9th Cir.2010). The Deputies also must “show that a warrant could not have been obtained in time, and must demonstrate specific and articulable facts to justify the finding of ... exigent circumstances.” Sandoval v. Las Vegas Metro. Police Dep’t, 756 F.3d 1154, 1161 (9th Cir.2014) (internal quotation marks and citation omitted).

Relying on the 911 operator’s report, the Deputies’ initial interaction with Eric Johnson, and the presence of an unidentified woman inside the home, the Deputies assert they had…