Freeman v. City of Santa Ana

68 F.3d 1180, 96 Cal. Daily Op. Serv. 25, 96 Daily Journal DAR 29, 1995 U.S. App. LEXIS 37134, 1995 WL 611554
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 19, 1995
DocketNo. 93-56470
StatusPublished
Cited by297 cases

This text of 68 F.3d 1180 (Freeman v. City of Santa Ana) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeman v. City of Santa Ana, 68 F.3d 1180, 96 Cal. Daily Op. Serv. 25, 96 Daily Journal DAR 29, 1995 U.S. App. LEXIS 37134, 1995 WL 611554 (9th Cir. 1995).

Opinion

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here the claims of a business owner that her business was subjected to unfair and discriminatory enforcement efforts by local police officers. Elba Freeman (“Freeman”) is the owner of a bar/restaurant called The Red Turtle who sued the City of Santa Ana, California, its police chief, and several police officers (“defendants”),1 alleging violations of her rights under the First, Fourth, and Fourteenth Amendments. She sought injunctive relief and damages under 42 U.S.C. §§ 1981, 1983, 1985 & 1986. On September 23, 1993, after 22 days of trial, the district court granted the defendants’ motion for judgment as a matter of law, pursuant to Fed.R.Civ.P. 50. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

FACTS

Complaint Against Officer Lodge

From 1976 to 1985, Freeman operated The Red Turtle without receiving any citations from either the Santa Ana Police Department (“SAPD”) or from the Alcoholic Beverages Commission (“ABC”). However, in 1985, Freeman filed a complaint against SAPD Officer Steven Lodge, alleging that Lodge was harassing Freeman and her employees and customers, subjecting them to verbal abuse and even physically assaulting them on occasion. After Freeman filed the complaint against Officer Lodge, police involvement with The Red Turtle increased significantly.

Attempted Sales of The Red Turtle

In September 1985 and again in October 1986, Freeman attempted to sell the bar to two different buyers. The first transaction fell through, and the buyer forfeited his $20,-000 earnest money deposit, after the police met with him to discuss their concerns about the sale. The second buyer canceled the sales contract after the SAPD objected to the transaction and requested the imposition of numerous conditions on the liquor license.

ABC Accusations

In 1987 and 1988, the police twice attempted to have the ABC file a “disorderly house” accusation against Freeman’s liquor license. However, the ABC refused to file the first accusation because there was insufficient evidence connecting The Red Turtle with criminal activity. The second accusation was filed, but v/as dismissed in 1991 after the hearing officer determined that Freeman had not knowingly permitted narcotics transactions and other crime on the premises.

November 1987 Raid

Late in the evening of November 29,1987, six police officers entered the bar with at least one shotgun drawn. The officer who led the operation testified that the police were responding to a call that there was a man with a gun in the bar. An employee of the bar testified that no call to the police was made, but that the officers showed a photograph of a man to some of the patrons and said that he was suspected of carrying a weapon. The police secured the bar, detaining everyone for about twenty minutes, and conducted pat-down searches of the patrons, but no weapons were found.

June 1988 Raid

In May 1988, Freeman contacted the police seeking help on how to control criminal activities in her bar. She testified that the police suggested she pull her security guards for a few days and “let things go,” and then turn over to police the tapes from her security cameras.

On June 2, 1988, shortly after Freeman complied and provided the police with two video tapes, police initiated an undercover drug operation at the bar. As part of the operation, five undercover officers entered the bar to make controlled narcotics buys. After the buys were made, twenty police officers rushed in, with guns drawn, shouting [1185]*1185and pushing people up against the walls. The officers conducted warrant cheeks and searches of the 20-25 people inside, and approximately six people were arrested for involvement in the drug transactions. Witnesses testified that the police used abusive and profane language during the raid. In order to “secure” the bar, officers forced open the door to the office and kitchen area, which was padlocked from the outside. Two video tapes from the security camera were seized, but were lost or destroyed before they could be booked into evidence.

Freeman filed a complaint with the police department regarding the June 2, 1988 raid. After an internal affairs investigation, Freeman’s complaint was rejected.

Citations Issued Against Freeman

Shortly after Freeman filed her original complaint in this lawsuit, the police issued four citations against her for allowing .dancing in The Red Turtle without a dance permit. The citations were subsequently dismissed when the City Attorney did not comply with a discovery order.

On February 27, 1990, just a month after the dance citations were dismissed, police officers seized an allegedly contaminated bottle of alcohol and again cited Freeman. However, the citation was dismissed after laboratory tests showed the bottle was not contaminated. Freeman’s counsel requested that the police maintain the bottle in evidence until this lawsuit was concluded, but the bottle was destroyed pursuant to SAPD policy just before trial was scheduled to begin in this ease.

Freeman received another citation, on October 5,1990, for exceeding The Red Turtle’s occupancy limits. Freeman was found not guilty, however, because the city had not set an occupancy limit for the bar until after the citation had been issued.

Dance Permit Denial

Freeman applied for a dance permit in August 1989, but the SAPD denied her application. The bases for the denial were (1) violations of the dance ordinances, (2) high crime in the area, (3) crime within the bar, and (4) improper zoning. Freeman appealed the denial and, although the hearing officer recommended that the city council affirm the SAPD’s decision, he noted Freeman’s efforts to reduce crime and suggested that the chief of police reconsider the denial. At the city council’s request, the police chief did reconsider, and again denied the dance permit— stating that the area’s high crime rate alone provided sufficient grounds to support the denial.

December 1990 Raid

On December 7, 1990, the SAPD again raided The Red Turtle. All of the male patrons were ordered out of the bar, but the police detained the women and arrested six of Freeman’s female employees. Freeman testified that many of the women were threatened with deportation if they did not sign preprinted confessions. Some of the women signed the confession forms but were deported anyway. The SAPD cited Freeman for solicitation of drinks by an employee. As a result, the ABC filed another accusation against Freeman’s liquor license, but it was dismissed when Freeman agreed to a thirty-day suspension of her license and to drop the ABC from the present lawsuit.

STANDARD OF REVIEW

The district court’s grant of a judgment as a matter of law is reviewed de novo. Zamalloa v. Hart, 31 F.3d 911, 913 (9th Cir.1994). We “must view the evidence in the light most favorable to [Freeman] and draw all possible inferences in [her] favor.”

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68 F.3d 1180, 96 Cal. Daily Op. Serv. 25, 96 Daily Journal DAR 29, 1995 U.S. App. LEXIS 37134, 1995 WL 611554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-city-of-santa-ana-ca9-1995.