Irma Jean Perez v. Wayne A. Simmons James Nalls Thomas Miller Mark Meske and City of Santa Barbara

An opinion in this case was filed on October 26, 1988, Perez v. Simmons, 859 F.2d 1411 (9th Cir.1988). Appellees petitioned for a writ of certiorari to the United States Supreme Court. In response to the petition, the Court vacated the judgment and remanded to our court for further consideration in light of City of Canton v. Harris, — U.S. —, 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989). Simmons v. Perez, — U.S. —, 109 S.Ct. 1736 , 104 L.Ed.2d 174 (1989). On further consideration, in light of that case, we file this amended opinion.

Plaintiff Irma Perez brought this section 1983 action against the City of Santa Barbara and certain police officers alleging that the officers violated her constitutional rights by entering her house unlawfully in search of her brother. The district judge granted a directed verdict in favor of the City, and a jury found in favor of the remaining defendants. In this appeal, Perez alleges error in the jury instructions and error in granting the directed verdict. We have jurisdiction under 28 U.S.C. § 1291 (1982). We reverse.

I.

FACTS

On March 8, 1983, Irma Perez was living in a three-bedroom apartment at 13 South Soledad Street, in Santa Barbara,…