Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. Schott

Bad Law
901 F.2d 702
United States Court of Appeals for the Ninth CircuitApril 9, 199087-6316, 87-6400, and 87-6602California7,209 words

Opinion

Opinion

Hall, J.

ORDER

The opinion published in 887 F.2d 920 shall be amended at page 934 as follows:

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. (Fed.R.App.P. 35.)

The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.

OPINION

Karen Kennedy brought a civil rights action under section 1983 against, among others, the Los Angeles Police Department and two of its officers, James J. King and Stanley A. Schott. The case reached the jury, who after determining that Kennedy’s rights were violated, awarded her compensatory and punitive damages.

I

Karen Kennedy and Karen Houghton were roommates in a two-bedroom apartment. The two women had entered into a two-year lease on November 15, 1982. On January 21, 1983, Houghton, without prior warning, left Kennedy a note indicating that she would be vacating the apartment the following morning. According to Kennedy, Houghton owed her a total of $694 for her portion of rent and utilities and for bounced checks.

The following morning Houghton, with her parents and grandparents, arrived at the apartment with a car…

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