Figaro

Figaro v. City of San Luis Obispo

Good Law
130 F. App'x 859
United States Court of Appeals for the Ninth CircuitApril 28, 2005No. 03-56044California1,072 words

Opinion

Lead Opinion

MEMORANDUM *

Michael and Patrice Figaro (“plaintiffs”) appeal the district court’s judgment as a matter of law against plaintiffs and for San Luis Obispo police officers Ronald Brown and Dale Strobridge (“the officer defendants”), 1 in their individual capacities, and the City of San Luis Obispo (“City”).

Plaintiffs brought a 42 U.S.C. § 1983 action against the officer defendants and the City, alleging the officer defendants violated plaintiffs’ constitutional rights by (1) illegally searching Patrice Figaro’s (“Patrice”) purse; (2) using excessive force in effectuating the search of Patrice’s purse; and (3) falsely arresting both Patrice and her husband, Michael Figaro (“Michael”). Plaintiffs also alleged the City is liable under Monell v. Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), because the City’s Chief of Police testified the police department has a policy of transporting suspects to the police station “in furtherance of the investigation to establish probable cause.” The action went to trial. At the close of plaintiffs’ evidence, the officer *861 defendants moved for judgment in their favor pursuant to Federal Rule of Civil…

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