Santopietro v. Howell

27 F. Supp. 3d 1108, 2014 WL 2735794, 2014 U.S. Dist. LEXIS 81446
CourtDistrict Court, D. Nevada
DecidedJune 16, 2014
DocketNo. 2:12-CV-1648 JCM (PAL)
StatusPublished
Cited by1 cases

This text of 27 F. Supp. 3d 1108 (Santopietro v. Howell) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santopietro v. Howell, 27 F. Supp. 3d 1108, 2014 WL 2735794, 2014 U.S. Dist. LEXIS 81446 (D. Nev. 2014).

Opinion

ORDER

JAMES C. MAHAN, District Judge.

I. Background

Presently before the court is a motion for partial summary judgement filed by plaintiff Michele Santopietro (“Santopie-tro”) (doc. # 45) and a motion for summary judgment filed by defendants Clayborn Howell (“Howell”), Christine Crawford (“Crawford”), and Francisco Lope'z-Ro-sende (“Lopez”) (collectively . “officers”) (doc. # 44). Both sides have filed oppositions (doc. # 49; doc. # 50), and both sides have replied (doc. # 52; doc. # 54).

The material facts in this care are undisputed. Plaintiff Santopietro works as an actor in various media and occasionally acts as a street performer on the Las Vegas Strip. On May 28, 2011, Santopie-tro and her friend, fellow street performer Lea Patrick (“Patrick”), were arrested on the Las Vegas Strip by three police officers, defendants Howell, Crawford, and Lopez. The officers were working a plainclothes Strip enforcement assignment when they came upon Santopietro and Patrick working together in their “sexy cop” costumes. Santopietro and Patrick were posing with pedestrians on the Strip in and accepting tips in exchange.

Howell asked Santopietro and Patrick how much it cost to have a photo taken, and Santopietro replied that the picture was free, and that they posed for tips. Specifically, Patrick stated, ‘We pose for tips. Is that okay?” Howell posed for a picture with Santopietro and Patrick and then began to walk away without offering payment. Patrick stated “don’t forget the tip,” and Howell responded that he would not tip them. Patrick then stated “you, said you would tip”. Patrick said that if Howell was unhappy with the photograph that Crawford, who had taken the photograph, should delete it. After this statement, Crawford approached Santopietro and asked what she was going to do if Crawford did not delete the picture. San-topietro said that she was not going to do anything. Patrick told Howell that Howell had entered into a verbal contract with her to give a tip.

Howell approached Patrick and told her that she could not demand a tip. Patrick responded by agreeing that she could not demand a tip, and stated that she was simply telling Howell that he had agreed to tip her. After this exchange, Howell showed Patrick and Santopietro his badge and explained that he was a plain-clothes police officer. The officers arrested Patrick and Santopietro for “doing business without a license” in violation of Clark Cnty. Muni. Code § 06.56.030. The charges against Santopietro were ultimately dropped.

Santopietro filed this lawsuit seeking civil damages for violations of her constitutional rights stemming from what she believes was an unlawful arrest.

II. Discussion

A. Standard of Review

The Federal Rules of Civil Procedure provide for summary adjudication when [1110]*1110the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that “there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of' law.” Fed. R.Civ.P. 56(a). A principal purpose of summary judgment is “to isolate and dispose of factually unsupported claims.” Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In determining summary judgment, a court applies a burden-shifting analysis. “When the party moving for summary judgment would bear the burden of proof at trial, it must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontrovert-ed at trial. In such a case, the moving party has the initial burden of establishing the absence of a genuine issue of fact on each issue material to its case.” C.A.R. Transp. Brokerage Co. v. Darden Rests., Inc., 213 F.3d 474, 480 (9th Cir.2000) (citations omitted).

In contrast, when the nonmoving party bears the burden of proving the claim or defense, the moving party can meet its burden in two ways: (1) by presenting evidence to negate an essential element of the nonmoving party’s case; or (2) by demonstrating that the nonmoving party failed to make a showing sufficient to establish an element essential to that party’s case on which that party will bear the burden of proof at trial. See Celotex Corp., 477 U.S. at 323-24, 106 S.Ct. 2548. If the moving party fails to meet its initial burden, summary judgment must be denied and the court need not consider the nonmoving party’s evidence. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 159-60, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).

If the moving party satisfies its initial burden, the burden then shifts to the opposing party to establish that a genuine issue of material fact exists. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). To establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that “the claimed factual dispute be shown to require a jury or judge to resolve the parties’ differing versions of the truth at trial.” T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 631 (9th Cir.1987).

In other words, the nonmoving party cannot avoid summary judgment by relying solely on conclusory allegations that are unsupported by factual data. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). Instead, the opposition must go beyond the assertions and allegations of the pleadings and set forth specific facts by producing competent evidence that shows a genuine issue for trial. See Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548.

At summary judgment, a court’s function is not to weigh the evidence and determine the truth, but to determine whether there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The evidence of the nonmov-ant is “to be believed, and all justifiable inferences are to be drawn in his favor.” Id. at 255, 106 S.Ct. 2505. But if the evidence of the nonmoving party is merely colorable or is not significantly probative, summary judgment may be granted. See id. at 249-50, 106 S.Ct. 2505.

B. Analysis

I. Probable Cause

“[T]he question of whether a reasonable officer could have believed probable cause (or reasonable suspicion) existed to justify a search or an arrest is ‘an [1111]*1111essentially legal question’ that should be determined by the district court at the earliest possible point in the litigation.” Act Up!/Portland v. Bagley, 988 F.2d 868

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
27 F. Supp. 3d 1108, 2014 WL 2735794, 2014 U.S. Dist. LEXIS 81446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santopietro-v-howell-nvd-2014.