Goodin v. City of Glendora

380 F. Supp. 3d 970
CourtDistrict Court, C.D. California
DecidedMarch 18, 2019
DocketCase No. CV 17-3567 FMO (PLAx)
StatusPublished
Cited by3 cases

This text of 380 F. Supp. 3d 970 (Goodin v. City of Glendora) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodin v. City of Glendora, 380 F. Supp. 3d 970 (C.D. Cal. 2019).

Opinion

Fernando M. Olguin, United States District Judge

Having reviewed and considered the parties' Cross-Motions for Summary Judgment (Dkt. 53, "Joint Br."), filed by plaintiff Jeffrey Goodin ("Goodin" or "plaintiff") and defendants City of Glendora ("City"), Detective Crawford ("Crawford"), Detective Ziino ("Ziino"), Lieutenant Demond ("Demond"), Sergeant Amaro ("Amaro"), Officer Stein ("Stein"), Officer Howell ("Howell"), Sergeant Barrett ("Barrett"), and Sergeant Gold ("Gold") (collectively, "defendants"), and all accompanying briefs and exhibits, the court finds that oral argument is not necessary to resolve the Motions, see Fed. R. Civ. P. 78 ; Local Rule 7-15; Willis v. Pac. Mar. Ass'n, 244 F.3d 675, 684 n. 2 (9th Cir. 2001), and concludes as follows.

INTRODUCTION

The operative complaint, the First Amended Complaint ("FAC"), asserts claims under 42 U.S.C. § 19831 for: (1) unreasonable search and seizure; (2) excessive force; (3) conspiracy to violate civil rights; and (4) municipal liability pursuant to Monell v. Dep't of Soc. Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). (See Dkt. 21, FAC at ¶¶ 19-44). Plaintiff dismissed claims (2) and (3), leaving two § 1983 claims for unlawful entry and Monell liability, and a state claim for violation of California's Public Records Act ("CPRA"), Cal. Gov. Code §§ 6250, et seq. (See Dkt. 21, FAC at ¶¶ 45-51; Dkt. 69, *977Court's Order of July 20, 2018). The parties both seek summary judgment with respect to plaintiff's two remaining § 1983 claims. (See Dkt. 53, Joint Br. at 21-27 & 49-43). In addition, defendants seek summary judgment with respect to plaintiff's CPRA claim. (See id. at 43-45).

STATEMENT OF FACTS 2

On May 28, 2015, at approximately 9:00 a.m., police officers in unmarked cars began surveillance of Jeffrey Goodin's residence, located on Big Dalton Avenue in La Puente, California ("Dalton residence").3 (See Dkt. 53-1, Joint Statement of Uncontroverted Facts ("SUF") at P1 & P3; Dkt. 53-6, Joint Evidentiary Appendix ("Joint App'x"), Exhibit ("Exh.") 10, Google Maps Photo of Dalton residence; Dkt. 53-7, Exh. 15, Deposition of Cpl. Timothy Crawford ("Crawford Depo.") at 41, 51, 55, 99-100; Dkt. 53-10, Exh. 18, Declaration of Jeffrey Goodin ("Goodin Decl.") at ¶ 3). The officers present included defendants Crawford, Ziino, Stein, and Howell, and, at some point, supervising officers Amaro and Demond arrived. (See Dkt. 53-1, SUF at P4 & P17; Dkt. 53-7, Crawford Depo. at 39-40 & 50).

Defendants were watching the Dalton residence because they had received information from a confidential informant ("CRI-1") on May 13, 2015, that plaintiff was transporting and selling methamphetamine from this residence. (See Dkt. 54-1, Sealed SUF at P3 & D8; Dkt. 53-7, Crawford Depo. at 41, 51, 55; Dkt. 54-4, Exh. 23, Sealed Declaration of Timothy Crawford ("Sealed Crawford Decl.") at ¶¶ 7-8). CRI-1 had identified the Dalton residence as Goodin's residence and told Crawford that CRI-1 had seen Goodin with methamphetamine during the prior 20 days, that Goodin was selling a large quantity of methamphetamine from the Dalton residence, and that CRI-1 had received large quantities of narcotics from Goodin and had been asked to sell them. (See Dkt. 54-1, Sealed SUF at D10 & D12-D15; Dkt. 54-4, Sealed Crawford Decl. at ¶¶ 7-8). According to Crawford, CRI-1 was a reliable source because CRI-1 had provided information in the past leading to the arrest of suspects for narcotics and weapons violations. (See Dkt. 54-1, Sealed SUF at D8 & D9; Dkt. 54-4, Sealed Crawford Decl. at ¶ 7). Based on the information provided by CRI-1, Crawford began conducting surveillance of the Dalton residence on May 18, 2015. (See Dkt. 54-4, Sealed Crawford Decl. at ¶ 9).

On May 28, 2015, the tenth day of surveillance of the Dalton residence, defendants did not see plaintiff or any cars departing from or arriving to the Dalton residence. (See Dkt. 53-1, SUF at P43-P46; Dkt. 53-7, Crawford Depo. at 47 & 116). Nor did defendants see any drugs being sold from or transported to or from the Dalton residence. (See Dkt. 53-1, SUF at P30-P31; Dkt. 53-7, Crawford Depo. at 46, 105, 108, 109). However, at some point that morning, between 9 a.m. and 1:09 p.m.,4 Crawford received a call from a confidential *978informant5 ("CI"), notifying Crawford that plaintiff was at the house, and that he had two pounds of methamphetamine.6 (See Dkt. 54-1, Sealed SUF at D23-D24; Dkt. 54-2, Exh. 13, Hobbs Attachment at 1; Dkt. 54-4, Sealed Crawford Decl. at ¶ 10).

Though Crawford knew he needed a search warrant to enter the Dalton residence, he believed there were exigent circumstances to justify a warrantless entry based on his belief that drugs were "potentially" going to be destroyed or transported from the Dalton residence. (See Dkt. 53-1, SUF at P15 & P16; Dkt. 53-7, Crawford Depo. at 42; Dkt. 54-4, Sealed Crawford Decl. at ¶ 11). Therefore, at about 1:09 p.m., the six officers7 present entered the Dalton residence - without a warrant or consent - through the closed but unlocked front door, without knocking and with guns drawn. (See Dkt. 53-1, SUF at P19-P22 & P26; Dkt. 53-7, Crawford Depo. at 79-81, 97, 102, 146-47). Upon entering, Crawford announced, "Glendora Police Department. Search warrant. Demand Entry."8 (See Dkt. 53-1, SUF at P23; Dkt. 54-2, Hobbs Attachment at 2; Dkt. 53-7, Crawford Depo. at 147; Dkt. 53-4, July 10, 2015 Incident Report at ECF 1464).

After entering the Dalton residence without a warrant, defendants went through the house and cleared it room by room. (See Dkt. 53-1, SUF at P53; Dkt. 53-7, Crawford Depo. at 123). When they approached plaintiff near his bedroom, the bedroom furthest from the front door, their guns were pointed at him.9 (See Dkt. 53-1, SUF at P54; Dkt. 53-10, Goodin Decl. at ¶ 6; Dkt. 53-7, Crawford Depo. at 123).

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Bluebook (online)
380 F. Supp. 3d 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodin-v-city-of-glendora-cacd-2019.