Duarte
Duarte v. Robards
Opinion
Lead Opinion
*271 MEMORANDUM ***
Burbank police investigating certain illicit graffiti art suspected that Salvador Lugo, Jr., a known local gang member, was responsible. They believed that he lived at 6228 Cahuenga Boulevard in North Hollywood, California, but had conflicting information on whether he lived downstairs (in apartment A), or upstairs (in apartment B). They therefore sought and received a search warrant for both apartments on the ground that they believed Lugo to be in “control” of both apartments. When they executed the warrant, they found plaintiff Monica Duarte in apartment B and, despite her protests that she did not know Lugo and that he did not live there, continued to search her entire apartment for graffiti- and gang-related items.
Duarte brought this § 1983 suit against the executing officers and the City of Burbank seeking damages as a result of the search. Following discovery, defendants moved for summary judgment. The district court found that no material facts were in dispute and that the police retained probable cause to search apartment B throughout the search. On this ground, the district court granted summary judgment to all defendants on all claims.