Mena

Mena v. City of Simi Valley

Good Law
2000 Daily Journal DAR 10459·226 F.3d 1031·2000 WL 1363957·2000 Cal. Daily Op. Serv. 7869·2000 U.S. App. LEXIS 23618
United States Court of Appeals for the Ninth CircuitSeptember 22, 2000No. 99-56720California4,702 words

Opinion

Lead Opinion

Trott, J.

City of Simi Valley Police Chief Randy' G. Adams and several police officers (collectively “Defendants”) appeal the district court’s denial of their motion for summary judgment based on qualified immunity. Defendants argue that the district court erred by failing to determine whether, under the clearly established law, the officers reasonably could have believed their conduct in obtaining and executing a search warrant for the residence of Jose and Iris Mena (collectively “Plaintiffs”) and in detaining Iris Mena was lawful. We have jurisdiction pursuant to 28 U.S.C. § 1291 and, we AFFIRM in part, REVERSE in part, and REMAND to the district court.

I

BACKGROUND

On January 13, 1998, Officers Darin L. Muehler (“Muehler”) and Robert Brill (“Brill”) of the Simi Valley Police Department (“SVPD”) responded to and began investigating a gang-related drive-by shooting in Simi Valley. During their investigation, Officers Muehler and Brill learned that their primary suspect, Raymond Romero, was in possession of a .25 caliber handgun used in the shooting.

In addition, Raymond’s brother, Anthony, told Officers Muehler and Brill that Raymond Romero lived on Patricia Avenue in a “poor house,”…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.