Washington v. Lambert

98 F.3d 1181, 96 Cal. Daily Op. Serv. 7855, 96 Daily Journal DAR 13034, 1996 U.S. App. LEXIS 27860, 1996 WL 617358
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 28, 1996
DocketNo. 94-56685
StatusPublished
Cited by223 cases

This text of 98 F.3d 1181 (Washington v. Lambert) 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
Washington v. Lambert, 98 F.3d 1181, 96 Cal. Daily Op. Serv. 7855, 96 Daily Journal DAR 13034, 1996 U.S. App. LEXIS 27860, 1996 WL 617358 (9th Cir. 1996).

Opinions

REINHARDT, Circuit Judge:

“The security of one’s privacy against arbitrary intrusion by the police — which is at the core of the Fourth Amendment — is basic to a free society.”
Wolf v. Colorado, 338 U.S. 25, 27, 69 S.Ct. 1359 [1361], 93 L.Ed. 1782 (1949).

In this case we apply the Fourth Amendment’s promise of security in one’s being to what is, unfortunately, an all too familiar set of circumstances- — an intrusive law enforcement stop and seizure of innocent persons on the basis of suspicions rooted principally in the race of “the suspects.”1 On June 25, [1183]*11831991, several Santa Monica police officers in police cruisers, including appellant, Skystone Lambert, followed George Washington and Darryl Hicks, two African-American men, as they drove into the parking garage of their hotel. The police shone searchlights on their car, ordered them out at gunpoint, handcuffed their hands behind their backs and placed them in separate police cars for a period of from five to 25 minutes.2 Only after the officers frisked the two men, searched their car and checked their identification did they release “the suspects.”3

Asserting that their Fourth Amendment rights had been violated, Washington and Hicks filed suit under, inter alia, 42 U.S.C. § 1983. The district court granted them judgment as a matter of law after denying Lambert’s pre-trial and trial motions for judgment on the basis of qualified immunity.

The defendant justifies his actions against the plaintiffs primarily on the ground that the men bore a resemblance to a general description of two African-American suspects — namely, one fairly tall, one fairly short. The description was contained in a police bulletin. We find this an insufficient basis for such an intrusive stop. Because Lambert clearly violated Washington and Hicks’ Fourth Amendment rights, we affirm both the denial of qualified immunity and the grant of judgment as a matter of law.

FACTS AND PROCEDURAL HISTORY

Around midnight on June 25, 1991, Washington, a picture editor with Sports Illustrated, and Hicks, a senior program analyst at the Bank of New York, who were visiting the Los Angeles area from New York, were returning from a baseball game at Dodger Stadium. Perhaps not reflecting the best gustatory judgment, they decided to stop at a Carl’s Jr. restaurant in Santa Monica to get some food to take back to their hotel. Their decision proved to be an unfortunate one. Skystone Lambert, a uniformed Santa Monica police officer, had also chosen to visit Carl’s Jr. that evening. He observed Hicks and Washington and thought they resembled the description of two suspects being sought for 19 armed robberies, most of which had taken place in the western part of the vast Los Angeles metropolitan area. Lambert also thought that Washington appeared nervous.4 None of the robberies had occurred in the City of Santa Monica, and the most recent had occurred six days earlier.

Police knowledge of the suspects in the robberies consisted of the following. They were described as two African-American males, aged 20-30, one tall (6’ to 6’2”) and 150-170 pounds, and the other short (5’5” to [1184]*11845’7”) and 170-190 pounds. They were known to have driven a variety of get-away ears— including a Porsche 911, a BMW and a stolen, white Oldsmobile Cutlass. The police bulletin also stated that they were considered armed and dangerous.

Neither Washington nor Hicks fit the specifics of the descriptions of the suspects. Washington was 6’4” and weighed 235 pounds. He was taller and far heavier than the “tall suspect.” Hicks was 5’7]é” and weighed 135-140 pounds. He was much thinner than the “short suspect.”

Based principally on what appeared to him to be physical similarities between Washington and Hicks and the two suspects, Lambert called for back-up and followed Washington and Hicks out of the fast-food restaurant. Hicks noticed they were being followed and told Washington. Washington and Hicks entered a white Plymouth Dynasty, which bore a rental car company sticker on the back bumper, and drove off. Lambert followed in his squad car. A second police car soon joined Lambert in following Hicks and Washington. Washington looked back several times, which Lambert found suspicious. While following the car, Lambert requested a check on the license plate, which revealed that it had not been reported stolen.

Washington and Hicks reached their hotel and entered the underground parking garage. Lambert did not immediately follow them into the garage because he did not observe them make the turn into the garage entrance. Thus, the police cars did not arrive until Washington and Hicks were preparing to get out of their car. The officers shone spotlights on the two men and pointed their guns at them.5 Using the police vehicle’s speaker system, Lambert ordered Hicks to open the car door and get out, raise his hands and interlock his fingers behind his head, face the wall, and close the car door with his feet. Lambert repeated the instructions for Washington. He ordered Washington and Hicks one by one, to walk backward toward him. He then handcuffed their hands behind their backs, patted them down, and placed them in separate police cars. Washington and Hicks complied with all orders and offered no resistance.

The officers searched the rental ear and opened up Hicks’ fanny-pack/pouch where he found identification. Lambert then reached into Washington’s pants and retrieved his wallet. The officers looked at the men’s identification and may have run a computer check. If so, it failed to reveal any outstanding warrants or other problems.6 In any event, shortly after the officers concluded their investigation, they released the two men.

In total, three or four police cars gathered in the hotel garage in order that the officers assigned to them could help detain Washington and Hicks. Washington estimated that there were about seven officers at the scene. Sergeant Grant, a supervisor who arrived at the end of the incident, testified that he believed that four officers were present when he arrived. No one disputes that one of the policemen was a K-9 officer with a police dog in tow.

Washington and Hicks filed suit under 42 U.S.C. § 1983 alleging a violation of their Fourth Amendment rights. Defendant Lambert moved for summary judgment on the basis of qualified immunity. The district judge, the Honorable Harry L. Hupp, denied the motion. The case went to trial, and on the third day of trial, Judge Hupp again denied defendant’s motion for a judgment of qualified immunity, granted a directed verdict for the plaintiffs, and left only the issue of damages for the jury. The district judge believed he was bound under this circuit’s precedent to grant the directed verdict because, on the undisputed facts, the detention constituted an arrest, the officers lacked probable cause, and the law was clearly established.7 The jury deadlocked and was [1185]*1185unable to reach a verdict on damages.

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Bluebook (online)
98 F.3d 1181, 96 Cal. Daily Op. Serv. 7855, 96 Daily Journal DAR 13034, 1996 U.S. App. LEXIS 27860, 1996 WL 617358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-lambert-ca9-1996.