Freeman
Freeman v. City of Santa Ana
Opinion
Lead Opinion
Hawkins, J.
We consider here the claims of a business owner that her business was subjected to unfair and discriminatory enforcement efforts by local police officers. Elba Freeman (“Freeman”) is the owner of a bar/restaurant called The Red Turtle who sued the City of Santa Ana, California, its police chief, and several police officers (“defendants”), 1 alleging violations of her rights under the First, Fourth, and Fourteenth Amendments. She sought injunctive relief and damages under 42 U.S.C. §§ 1981 , 1983, 1985 & 1986. On September 23, 1993, after 22 days of trial, the district court granted the defendants’ motion for judgment as a matter of law, pursuant to Fed.R.Civ.P. 50. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.
FACTS
Complaint Against Officer Lodge
From 1976 to 1985, Freeman operated The Red Turtle without receiving any citations from either the Santa Ana Police Department (“SAPD”) or from the Alcoholic Beverages Commission (“ABC”). However, in 1985, Freeman filed a complaint against SAPD Officer Steven Lodge, alleging that Lodge was harassing Freeman and her employees and customers, subjecting them to…