Allen

Allen v. City of Portland

Good Law
73 F.3d 232·1995 WL 747768
United States Court of Appeals for the Ninth CircuitJanuary 17, 1996No. 93-35212California2,841 words

Opinion

Lead Opinion

Ferguson, J.

The plaintiff appeals pro se the district court’s judgment for the defendants and the denial of her motion for a new trial. The plaintiff brought suit under 42 U.S.C. § 1983 alleging that the defendants violated her civil rights when they arrested her without probable cause, subjected her to excessive force, and deprived her of liberty without due process of law. The plaintiff also asserted state common law claims for false arrest, battery, and negligence. We hold as a matter of law *234 that the plaintiff was arrested without probable cause in violation of her Fourth Amendment rights. The judgment of the district court is reversed and remanded.

I. BACKGROUND

On September 14, 1989, Joyce Allen, her husband Dwight Allen, and their 10-year-old son, Michael Allen, had dinner at John’s Me-atmarket in Portland, Oregon. Dwight intended to pay for part of the meal with an Entertainment card, which offered a half-price discount. Dwight claims that he told the waiter before the family ordered dinner, that he planned to use the Entertainment card. The restaurant manager, Lanny Blanks, claims that Dwight never mentioned the Entertainment card before the family ordered.

After…

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