Benas
Benas v. Baca
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff-appellant L.L. Benas appeals the district court’s summary judgment in favor of defendants-appellees (“the defendants”), the Sheriff and deputy sheriffs of the Los Angeles County Sheriffs’ Department. In this § 1983 civil rights action, Benas alleges various violations of her constitutional rights including the use of excessive force to subdue her during an arrest, unlawful arrest, malicious prosecution, illegal search of her apartment, conspiracy, and official liability pursuant to Monell v. Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).
We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court’s summary judgment in favor of the defendants on Benas’s claims predicated upon her allegations of unlawful arrest, malicious prosecution, conspiracy and Sergeant Michael Willoughby’s entry into her apartment. As to Benas’s claims predicated upon her allegations of excessive force, Deputy Gerald Rod’s entry into her apartment, Willoughby and Rod’s “look into the door of a room” in the apartment, and as to the Monell claim, we reverse and remand to the district court.