Mark Martin v. City of Oceanside Shawn Kelly Benjamin Ekeland

I

Overview

Mark Martin (“Martin”) sued the City of Oceanside, California (“City”) and police officers Shawn Kelly and Benjamin Eke-land (“officers”) under 42 U.S.C. § 1983 . He alleged that the officers violated his Fourth Amendment rights during an incident in which they entered Martin’s home without a warrant in order to check on the welfare of an occupant. The district court determined that the officers were entitled to qualified immunity, and thus granted their motion for summary adjudication. The court also granted the City’s motion for summary adjudication on the ground that the City’s officers had not committed a constitutional violation. Martin appeals the district court’s specific determination that the officers were entitled to qualified immunity based on the “emergency aid” exception to the Fourth Amendment warrant requirement.

II

Background

On December 28, 1999 Dr. Ronald Trot-man phoned the Oceanside Police Department from Portland, Oregon with an urgent request to check on the safety of his daughter, Traci Trotman (“Traci”). He had been unable to reach her for several days and told the police he was “extremely concerned” about her welfare, “and felt she could be…