Kathleen Hansen v. Ronald L. Black

Good Law
885 F.2d 642·1989 WL 106525·1989 U.S. App. LEXIS 13906
United States Court of Appeals for the Ninth CircuitSeptember 19, 198987-4431California2,275 words

Opinion

Opinion

Brunetti, J.

Appellant Kathleen Hansen appeals pro se from a summary judgment entered against her in a civil rights action brought by her under 42 U.S.C. § 1983 against two Pocatello City Police officers, Officers Russ Wheatley and Ronald Black; the Po-catello City Prosecutor, Nancy Ferris; and the Pocatello City Chief of Police, Norman Probst.

FACTUAL BACKGROUND

As the district court points out, the police officers’ version of the events is different from Hansen’s version of the events. The affidavits filed by the police officers state that a robbery occurred at a gas station and that footprints in the snow led from the gas station to Hansen’s residence. The officers suspected that one of Hansen’s sons was involved in the robbery. Officers Ronald Black and Russ Wheatley were instructed to watch the residence until a search warrant was obtained. At 9:30 a.m., Hansen emerged from the residence carrying two plastic trash bags and walked to the street where the garbage truck had stopped to pick up the trash.

According to the officers, before Hansen put the trash in the truck, they told Hansen to leave the trash bags on the street. Hansen put the trash into the truck, the officers attempted to…

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