Ronald Mendoza v. Sherman Block, Los Angeles County

Opinion by Judge BOOCHEVER.

Ronald Mendoza was severely bitten by a police canine while attempting to evade arrest for robbing a bank by hiding in some bushes. His civil rights action against the Los Angeles County Sheriffs deputies involved in his arrest was dismissed on the grounds of qualified immunity, and he appeals.

We affirm.

BACKGROUND

On March 9,1988, Ronald Mendoza robbed a bank in Hacienda Heights, California. He fled first in his car, then abandoned the car and fled on foot. He ran about a half-mile, then crawled under some bushes on private property and hid.

Sheriffs deputies found Mendoza’s abandoned ear, and by tracing the license plate they ascertained that Mendoza previously had been jailed for another bank robbery. A radio transmission from police headquarters warned the deputies pursuing Mendoza that he might be armed.

After several hours of hiding in the bushes, Mendoza heard the deputies warning the owners of the property on which he was hiding to stay indoors. Mendoza also heard a helicopter in the neighborhood, which he assumed was searching for him; however, he did not recall hearing any helicopter announcements stating that he was surrounded and that…