Bingham
Bingham v. City of Manhattan Beach
Opinion
Lead Opinion
Tashima, J.
Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge REINHARDT
ORDER AND AMENDED OPINION
ORDER
The opinion and partially dissenting opinion, filed May 19, 2003, slip op. at 6575, and reported at 329 F.3d 723 , are withdrawn and replaced by the amended opinion, and partially concurring and par *942 tially dissenting opinion filed concurrently with this order. With these amendments, the panel has voted to deny the petitions for panel rehearing and the petitions for rehearing en banc, with Judge Reinhardt voting to grant plaintiff-appellant’s petition for panel rehearing and petition for rehearing en banc. The full court has been advised of the petitions for rehearing en banc, but no judge of the court has called for a vote on en banc rehearing. The petitions for panel rehearing and the petitions for rehearing en banc are denied. See Fed. R. App. P. 35(f). No further petition for rehearing may be filed.
OPINION
Howard Bingham was pulled over by Manhattan Beach Police Officer Robert Schreiber in the early morning hours of October 4, 1999. Schreiber alleges that Bingham was driving erratically. After Bingham showed Schreiber an expired driver’s license, and a…
Concurrence in Part
Reinhardt, J.
concurring in part and dissenting in part.
I join Part I of the majority opinion, although I offer some additional comments as to Part I.B. As to Part II, I agree with the majority that for purposes of this appeal, we must assume that Officer Schreiber arrested Howard Bingham for driving with an expired license and not in order to verify the outstanding warrant; in such case, the arrest violated clearly established California law. After making those determinations, however, the majority errs by permitting Schreiber to justify the arrest ex post facto on the basis of conduct wholly unrelated to the conduct for which he actually made the arrest. I, therefore, respectfully dissent as to Part II. I would allow Bingham to proceed to trial on his unreasonable arrest claim as well as on his claim that he was the victim of an unlawful stop.
Equal Protection
I join Part I.B reluctantly. Bingham, a well known and highly respected photographer, asserts that he was stopped because he is African American. He believes that he was stopped solely on account of his race, because in his view “the record provides no other rational reason” for the stop. While Schreiber claims to have stopped…