Edgerly

San Francisco Police Department Officers David Goff and John Conefrey (“Officers”) arrested Erris Edgerly for trespassing within the gated area of the Martin Luther King/Marcus Garvey Housing Cooperative (“Cooperative”). The Officers transported Edgerly to the local police station, where they searched him for contraband. The search did not reveal any contraband and Sergeant Frederick Schiff, the police supervisor on duty at the time, authorized the Officers to issue Edgerly a citation for trespass and release him. Edgerly was not prosecuted for trespass or any other offense. Edgerly then filed this 42 U.S.C. § 1983 action against the Officers, Schiff, and the City and County of San Francisco (“City”), alleging that the Officers unlawfully arrested and searched him in violation of the Fourth Amendment, and that Schiff and the City were liable for the Officers’ unconstitutional actions. He also asserted various state tort claims against the Officers, Schiff, and the City.

In ruling on the parties’ motions for summary judgment, the district court dis missed Edgerly’s § 1983 claims against the City and all claims against Schiff, but found that there were genuine issues of material…