Alexander

Alexander v. County of Los Angeles

Good Law
64 F.3d 1315·1995 WL 507449·1995 U.S. App. LEXIS 24320·95 Cal. Daily Op. Serv. 6816
United States Court of Appeals for the Ninth CircuitAugust 29, 1995Nos. 94-55243, 94-55648California3,995 words

Opinion

Lead Opinion

Lay, J.

This appeal presents two basic issues: (1) whether the district court erred in denying qualified immunity to Los Angeles police officers involved in the detention and alleged arrest of the plaintiffs, Jerry Alexander and Tyrone Brown; and (2) whether the district court properly granted summary judgment in favor of the officers on Alexander’s claim that the officers used excessive force. FACTS

On August 17, 1992, a robbery took place in the Security Pacific Bank parking lot at 1633 North Hacienda Boulevard, La Puente, California. The Los Angeles Sheriffs Department received a call that shots had been fired. When Deputy David Smiley arrived at the scene, a witness described the robbery suspect as a Black male, five feet and eleven inches tall, 190 pounds, twenty-five to thirty years old, with short hair, a moustache, and a receding hairline. He was wearing a blue and white striped shirt and black pants and had a gold tooth. The witness reported the robbery suspect left the scene with another Black male in a newer model, green, two-door Chevy Baretta, with partial license plate number ZBSD7. The suspects had fired shots at a witness as they were leaving the area. Deputy Smiley put…

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