Allen v. County of Lake

71 F. Supp. 3d 1044, 2014 WL 5242586, 2014 U.S. Dist. LEXIS 146438
CourtDistrict Court, N.D. California
DecidedOctober 14, 2014
DocketCase No. 14-cv-03934-TEH
StatusPublished
Cited by6 cases

This text of 71 F. Supp. 3d 1044 (Allen v. County of Lake) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. County of Lake, 71 F. Supp. 3d 1044, 2014 WL 5242586, 2014 U.S. Dist. LEXIS 146438 (N.D. Cal. 2014).

Opinion

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

THELTON E. HENDERSON, United States District Judge

A group of medical marijuana patients (“Plaintiffs”) seek a preliminary injunction against Defendants, the County of Lake and certain law enforcement officials, prohibiting abatement actions against them without notice or a warrant. September 17, 2014 Supplemental Brief (Docket No. 34); September 1, 2014 Amended Ex Parte Application (Docket No. 5). In accordance with the Court’s expedited briefing schedule, Defendants filed their opposition on September 29, 2014. (Docket No. 47). The Court heard oral argument on [1049]*1049October 6, 2014. After carefully considering the parties’ written and oral submissions, the Court now GRANTS Plaintiffs’ Motion for Preliminary Injunction for the reasons set forth below.

BACKGROUND

On July 11, 2014, Lake County Ordinance No. 2997 went into effect, regulating medical marijuana cultivation within the County of Lake. Opp’n at 1. Among other things, the Ordinance prohibits: any marijuana growth on vacant parcels, any outdoor growth on parcels of one acre or less, growing more than six mature or twelve immature plants on parcels greater than one acre located outside of a Community Growth Boundary (except for qualifying marijuana collectives), and using more than 100 square feet to grow marijuana indoors. Lake County Ordinance No. 2997 §§ 72.5-72.6. In August of 2014, law enforcement officers from the County Sheriffs Department, occasionally accompanied by officials from the Lake County Community Development Department and the California Fish and Game Department, allegedly conducted at least seven warrant-less searches of medical marijuana patients’ residential properties without notice in Lake County. Allen, Harris, Holt, Jones, Outhout, Sikes, Van Schaick, and Warren Decís. (Docket Nos. 6, 9, 10, 12-17). Allegedly, during these searches, these individuals’ marijuana plants were seized, also without warrants. See id.

According to the Plaintiffs, some residents were not home when the officers conducted these searches and seizures. Allen, Harris, Outhout, and Warren Decís. In one case, officers lifted a gate off of its hinges to gain access. Jones Decl. In other cases, officers apparently pried locks off of gates. Allen, Harris and Warren Decís. One Plaintiff claims that when her husband asked to see a warrant he was threatened with arrest. Van Schaick Decl. In at least four cases, the officers left “Summary Abatement” notices, indicating their plants had been seized pursuant to Ordinance No. 2997. Holt, Outhout, Sikes and Van Schaick Decís.

On September 1, Plaintiffs filed an amended complaint in this case along with an application for a temporary restraining order (“TRO”) and preliminary injunction. See Amended Complaint (Docket No. 4); Amended Ex Parte Application (Docket No. 5). The Court denied the TRO application because Plaintiffs had not demonstrated a likelihood of future irreparable harm after their plants had already been seized. September 4, 2014 Order at 2 (Docket No. 26). After the denial of Plaintiffs’ TRO, Plaintiffs were permitted to file supplemental briefing on the Motion for Preliminary Injunction, which they did. September 17, 2014 Supplemental Brief (Docket No. 34). Defendants subsequently filed their opposition, and the Court heard oral argument on October 6. As a separate matter, Defendants have also moved to dismiss Plaintiffs’ Complaint on a number of legal grounds, including Plaintiffs’ failure to state a claim against the individual defendants. Mots, to Dismiss (Docket Nos. 46 & 56).

LEGAL STANDARD

“A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). While a plaintiff is required to make “a showing on all four prongs,” there is nonetheless some interplay between them; for example, a plaintiff can show likely success on the merits by only raising “serious questions going to the merits,” so long as “a balance of hardships ... tips [1050]*1050sharply, towards the plaintiff....” Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134-35 (9th Cir.2011). In this respect, the Ninth Circuit employs a sliding scale approach to these factors, wherein “the elements of the preliminary injunction test are balanced so that a stronger showing of one element may offset a weaker showing of another.” Id. at 1131.

Where the alleged harm is the result of police misconduct, a plaintiff can show that such harm is likely to recur by either identifying a written policy from which such injury would stem, or by demonstrating that the injury was part of a pattern of officially sanctioned behavior. Melendres v. Arpaio, 695 F.3d 990, 997-98 (9th Cir.2012). However, the plaintiff must still show that he is likely to be subject to such policy or pattern in the future. See City of Los Angeles v. Lyons, 461 U.S. 95, 108-09, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983).

DISCUSSION

Plaintiffs Do Not Have a Heightened Standard for Obtaining a Preliminary Injunction

Although the parties agree that Winter provides the governing four-prong test for a preliminary injunction, they dispute the weight of the Plaintiffs’ burden in this case. Specifically, Defendants argue that Plaintiffs must show that all four factors “weigh heavily and compellingly in [Plaintiffs’] favor,” because the injunctive relief sought will “disturb the status quo” and “provide the movant substantially all the relief he may recover after a full trial on the merits.” Opp’n at 3-4 (citing SCFC ILC, Inc. v. Visa, USA Inc., 936 F.2d 1096, 1098 (10th Cir.1991); Dahl v. HEM Pharmaceuticals Corp, 7 F.3d 1399, 1403 (9th Cir.1993); Martin v. Int’l Olympic Comm., 740 F.2d 670, 675 (9th Cir.1984)). However, Defendants’ argument for a heightened burden is unconvincing. First, the primary case cited for this heightened standard is from the Tenth Circuit; the only Ninth Circuit cases cited stand for the separate claim that “heightened scrutiny” applies to mandatory injunctions, not negative injunctions such as the one in this case. Compare SCFC ILC, 936 F.2d at 1098, with Dahl, 7 F.3d at 1403, and Martin, 740 F.2d at 675. Second, the argument that an injunction here would disturb the status quo carries little force where the status quo is the warrantless search and seizure of private property unjustified by a recognized exception to the warrant requirement. Finally, in addition to seeking injunctive relief, Plaintiffs seek declaratory relief and damages, so an injunction here will not constitute “substantially all” of the relief sought, as Defendants contend. Moreover, as discussed below, the injunction here is required to prevent Fourth Amendment violations, but Plaintiffs make several additional claims under theories of due process and state law.

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Cite This Page — Counsel Stack

Bluebook (online)
71 F. Supp. 3d 1044, 2014 WL 5242586, 2014 U.S. Dist. LEXIS 146438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-county-of-lake-cand-2014.