Butler v. City of Sacramento

MEMORANDUM **

Sharee Butler sued the City of Sacramento, the Sacramento Police Department, and Sacramento Police Officer Michelle Perez. She alleged violations of her Fourth and Fifth Amendment rights under 42 U.S.C. § 1983 , and violations under several state-law provisions. The district court dismissed or granted summary judgement in favor of the defendants with respect to each of Butler’s claims. Butler appeals only the district court’s ruling that Perez is entitled to qualified immunity with respect to Butler’s Fourth Amendment claim, and accordingly, none of her other claims are before us. As the facts are known to the parties, we will not repeat them here except to the extent necessary to explain our decision.

I

Perez is entitled to qualified immunity unless (1) the facts, viewed in the light most favorable to Butler, demonstrate a violation of a constitutional right and (2) that right was clearly established at the time of the defendant’s misconduct. Pearson v. Callahan, — U.S. -,- -, 129 S.Ct. 808, 815-16 , 172 L.Ed.2d 565 (2009). This court may address these questions in any order it chooses. Id. at 818 .

Assuming, without deciding, that Perez violated Butler’s Fourth…