Frunz v. City Of Tacoma

468 F.3d 1141 Susan FRUNZ, Plaintiff-Appellee, v. CITY OF TACOMA, a municipal corporation; Tacoma Police Department; Alan Morris, TPD Officer, in his individual capacity; Gary T. Stril, TPD Sergeant; David Alred, TPD Officer, in his individual capacity, Defendants-Appellants. No. 05-35302. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 25, 2006. Filed November 13, 2006. Jean P. Homan, Assistant City Attorney, Tacoma City Attorney's Office, Tacoma, WA, for defendants-appellants. Hugh J. McGavick, Law Offices of Hugh J. McGavick, Olympia, WA, for plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding. D.C. No. CV-03-05709-RBL. Before: KOZINSKI and FERNANDEZ, Circuit Judges, and CARNEY, * District Judge. KOZINSKI, Circuit Judge: 1 The facts are remarkable. Plaintiff, Susan Frunz, and her two guests were in Frunz's home in Tacoma, Washington, when police surrounded the house, broke down the back door and entered. The police had no warrant and had not announced their presence. Frunz first became aware of them when an officer accosted her in the kitchen and pointed…