Jackson v. City of Bremerton

Appellant Jeannine Jackson (“Jackson”) originally brought this action under 42 U.S.C. § 1983 and Washington state tort law against nine individual police officers (“the officers”), the City of Bremerton, and Police Chief Paul DuFresne. On appeal Jackson claims the officers violated her Fourth Amendment rights by using excessive force in arresting her at a family barbecue in a public park when she attempted to interfere with the arrest of her adult son on an outstanding warrant. She also seeks to hold liable the City of Brem-erton and Police Chief DuFresne on the ground that the officers’ acts of excessive force against her and her group represent an informal custom employed by the City in response to emergency situations. The district court granted summary judgment in favor of all defendants. We have jurisdiction under 12 U.S.C. § 1291 , and we affirm.

I

On July 13, 1996, Jackson and 30 to 50 friends and family members gathered at a public park in Bremerton, Washington. Officers Dahlberg and Eriksen, who were patrolling the area on bicycles/ responded to a report that the group was consuming alcohol in the park. While speaking with members of the Jackson party, Officer Dahlberg…