Richard P. Lynch v. City of Alhambra Joseph Molloy Russell Siberling David Barrett Michael Fisher
Opinion
Opinion
Fletcher, J.
Plaintiff Richard Lynch appeals the district court’s order dismissing his civil rights action brought under 42 U.S.C. § 1983 against the City of Alhambra and various city officials. We reverse and remand.
I.
FACTS
This dispute arises from the events surrounding the arrest of Richard Lynch on August 10, 1986. The facts recited are those alleged by Lynch. At approximately 2:20 a.m. on the date of the arrest, Lynch responded to a knock on his front door, finding a young woman who told him that someone had attempted to rape her at gun point. She asked Lynch if he could direct her to a bus stop. Lynch, a Deputy Marshal for the Los Angeles County Municipal Courts, said that he would help. He retrieved his Department identification and off-duty weapon from another room, but when he returned to the front door, he found that the victim had gone.
Lynch then drove around the block, looking for the victim. At approximately 2:30 a.m., Lynch noticed a police car behind him, and he pulled over to the curb. Because his off-duty weapon was in the front seat, Lynch put both arms outside the driver’s side window, and shouted: “Off-duty officer! I have a gun in the car.”