Bills

Bills v. City of Rialto

Good Law
157 F. App'x 981
United States Court of Appeals for the Ninth CircuitDecember 8, 2005No. 03-56212California1,367 words

Opinion

Dissenting Opinion

Gibson, J.

I respectfully dissent.

Bills argues that detaining him for more than an hour in improperly applied handcuffs, without checking on his wrists despite his repeated complaints that the handcuffs were hurting him, violated his clearly established constitutional rights, and a reasonable officer could not believe this form of detention to be constitutional. Viewing the facts in the light most favorable to Bills, the record supports Bills’ factual predicate. Police were aware of his pain, and despite Bills’s repeated requests that the handcuffs be adjusted, police did not even check his handcuffs. Bills was diagnosed with complex regional pain syndrome caused by nerve damage to his right wrist. In addition, there was no shortage of police to ensure that Bills would remain in place, as there were approximately ten officers on the scene.

In Muehler v. Mena, — U.S. —, 125 S.Ct. 1465 , 161 L.Ed.2d 299 (2005), Justice Kennedy cast the deciding vote in a five to four decision. Justice Kennedy’s concurring opinion expressly leaves the door open for the kind of claim Bills asserts:

125 S.Ct. at 1472 .

The record in this case shows that Bills did not get to submit this kind of claim to the…

Lead Opinion

MEMORANDUM **

Plaintiff Patrick S. Bills sued the City of Rialto, its police department, and two of its officers under 42 U.S.C. § 1983 , as well as under state law. He made three § 1983 claims: unlawful search, unlawful detention, and excessive force. The district court granted summary judgment to Defendants on the unlawful search and unlawful detention claims, on the ground that Defendants were entitled to qualified im *983 munity. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). The excessive force claim and the state law claims went to trial. The jury found in favor of Defendants. Plaintiff timely appealed, and we affirm.

1. Unlawful search claim.

We review de novo a grant of summary judgment. Boyd v. Benton County, 374 F.3d 773, 778 (9th Cir.2004).

A reasonable officer could have believed that both probable cause and exigent circumstances existed. See United States v. George, 883 F.2d 1407, 1411 (9th Cir.1989) (establishing those elements to justify a warrantless search of a home). Chavez was wanted for a triple homicide. Plaintiffs wife is Chavez’ sister, and the police knew that Chavez was not at his parents’ house. A reasonable officer could…

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