Cameron v. Craig
| Decision Date | 16 April 2013 |
| Docket Number | No. 11–55927.,11–55927. |
| Citation | 713 F.3d 1012 |
| Parties | Michelle CAMERON, Plaintiff–Appellant, v. Michelle CRAIG; County of San Diego, Defendants–Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
OPINION TEXT STARTS HERE
James Matthew Brown, Law Office of James Matthew Brown, San Diego, CA; Vanessa M. Ruggles (argued), Palm Springs, CA, for Plaintiff–Appellant.
David Axtmann, Senior Deputy County Counsel (argued), San Diego, CA, for Defendants–Appellees.
Appeal from the United States District Court for the Southern District of California, Anthony J. Battaglia, District Judge, Presiding. D.C. No. 3:09–cv–02498–AJB–WMC.
Before: M. MARGARET McKEOWN and MILAN D. SMITH, JR., Circuit Judges, and ROBERT HOLMES BELL, District Judge.*
Michelle Cameron appeals the district court's order granting summary judgment in favor of Defendants Michelle Craig and the County of San Diego (collectively, the County Defendants). Cameron alleges that her Fourth Amendment rights were violated when the County Defendants obtained a warrant to search her home without probable cause, used excessive force while executing that warrant, and then arrested her. She also brought related claims under California law. Because there was probable cause to search Cameron's residence and to arrest Cameron, we affirm the district court's entry of judgment with respect to those claims. Because disputed issues of material fact remain regarding Cameron's excessive force and conspiracy claims, however, we reverse and remand those claims to the district court for further proceedings consistent with this opinion.
Michelle Cameron worked as a yoga instructor in San Diego. One of her students was San Diego County Sheriff's Deputy David Buether. The two began dating in 2004, and eventually moved in together. Some months later, Cameron became pregnant. Cameron gave birth to the couple's first child in October 2006.
Sometime afterwards, the couple agreed that Cameron should quit her job in order to work as a full-time mother. The couple opened a joint checking account, and because Cameron had no independent source of income, she also frequently used Buether's credit card to make purchases for herself and the family. Although Cameron and Buether were never married, Cameron believed the couple's finances were completely intermingled.2
Cameron and Buether had a second child in March 2008, but their relationship soured later that year when Cameron learned that Buether was having affairs with multiple women. After two alleged incidents of domestic violence, Buether obtained an ex parte restraining and “kick out” order against Cameron. She was removed from the family home by San Diego County Sheriff's Deputies the following day. As she was leaving, Cameron asked Buether what she was supposed to do without any belongings. Buether told her to “do what you need to do.”
On October 9, 2008, Cameron moved into a friend's house. A few days later, she used Buether's credit card to purchase furniture and housewares for her new residence. In total, Cameron purchased nearly $9,000 worth of beds, tables, chairs, and other furnishings from Overstock.com for herself and her (and Buether's) children.
Toward the end of October 2008, Buether rescinded the restraining order against Cameron, and the couple's children began splitting time between their parents. The couple also entered mediation in the hope of resolving child custody issues. While mediation was ongoing, Buether attempted to reconcile with Cameron, and spent the night at Cameron's residence on two occasions.Commenting on the new furniture, Buether told Cameron that once the couple got back together, they would sell all of the duplicative items on eBay.
Cameron, however, refused to reconcile with Buether. Buether, individually and through his lawyer, then demanded that Cameron repay him for the furniture. Cameron refused.
On November 14, 2008, Buether filed a criminal complaint with the San Diego County Sheriff's Department, claiming that an “unknown suspect” had used his credit card without authorization to purchase items from Overstock.com. Buether told the sheriffs that he thought Cameron might be responsible for the disputed transactions. Buether further indicated that he wanted to press charges should a suspect be apprehended.
San Diego County Sheriff's Detective Michelle Craig was assigned to investigate Buether's claims. Craig and Buether had attended the Sheriff's Academy together, and had worked on the same shift at the Vista Patrol Station for four years. During that time, Craig and Buether responded to hundreds of calls together, and Cameron alleges that Craig and Buether were friends. Both Craig and Buether insist they did not maintain a social relationship outside of work.
On November 17, 2008, Craig began investigating Buether's claims. First, Craig called Overstock.com, which confirmed that it shipped the disputed items to Cameron at her new address, and that Buether's credit card was used for payment. Second, Craig interviewed Buether. Buether informed Craig that he and Cameron had lived together for four years, that Cameron had recently moved out because she was violent and unstable, and that he had seen some new furniture and furniture boxes at Cameron's residence when he visited her there. Buether also informed Craig that while he had given Cameron permission to use his credit card in the past, he had always been present when the credit card was used, and that he did not give Cameron permission to make these specific purchases. Finally, Buether told Craig that he had confronted Cameron about the disputed credit card charges during one of the couple's custody mediation sessions. Buether told Craig that Cameron responded, “Oh, you mean our joint credit card,” and then promptly changed the subject. Craig then showed Buether pictures of some of the items that had been charged to Buether's credit card, and Buether confirmed he had seen similar items inside Cameron's home.
On December 15, 2008, Craig applied for a warrant to search Cameron's apartment for the purchased items. Craig's supporting affidavit read, in relevant part, as follows:
Michelle Cameron and the victim began dating and living together approximately four years ago. They have had two children together, but were never married. Their relationship deteriorated and in September 2008 there was an unreported domestic violence incident ... On 10/08/08, the victim obtained a restraining order against Michelle which also ordered her out of the residence ... The victim later rescinded the restraining order, which is no longer valid. On 10/13/08, Michelle Cameron placed three different internet orders on Overstock.com purchasing items totaling $8,969.39. Michelle used U.S. Bank Visa credit card number [ ] to pay for the purchases. That credit card belongs solely to the victim, her ex-boyfriend, who did not authorize the transactions. Invoices obtained from Overstock.com during this investigation document the shipping address, phone number, and e-mail addresses, which all belong to MichelleCameron. I showed the victim photos of possible items purchased by Michelle, and he stated he has seen the following stolen items inside her residence as of 3 to 4 weeks ago [ ] ... Based on my training and experience and the above investigation, I believe there is a substantial likelihood that stolen property will be present when I execute this warrant because Michelle Cameron purchased those items in order to furnish her new home after being ordered out of her prior residence and some of the items, such as beds, are being used for her and her children to sleep on.
A deputy district attorney reviewed the warrant affidavit, and certified his belief that it was legally sufficient. A San Diego County Superior Court judge issued the warrant that same day.
Soon after the search warrant issued, Buether provided Craig with his custody schedule. One of the days Buether indicated Cameron would have custody of the couple's children was December 18, 2008. Craig asked whether Buether would be available to pick up his children if Cameron were arrested. Buether indicated that he could pick up the children at any time.
Craig also conducted background checks on all of the known residents of Cameron's apartment. Craig uncovered no information indicating that any of the residents would be armed, and had no reason to suspect that Cameron or any other resident might pose a threat to officer safety. However, Craig was unable to complete a background check on one suspected resident.
At 7:00 a.m. on December 18, 2008—a time Craig knew Cameron would have custody of her two young children—Craig and six to ten other San Diego County Sheriff's Deputies executed the search warrant at Cameron's residence. 3 Upon arrival, the deputies knocked, announced themselves, and demanded entry. One of Cameron's roommates admitted the deputies. The deputies were armed and had their weapons drawn. They were dressed entirely in black, with bulletproof vests and helmets. The deputies went upstairs, where they encountered Cameron in a hallway outside her bedroom. Multiple deputies aimed their weapons at Cameron, who was trying to alert the officers to the presence of her children in an adjacent bedroom. Cameron repeatedly implored the deputies not to scare her small children, and pointed toward the children's bedroom. In response, the deputies grabbed Cameron by the arms and shoulders and pushed her in the back to force her out of the hallway.4 The deputies pushed Cameron into the living room, where her arms were pulled behind her back and she was handcuffed. Cameron testified that the handcuffs were applied tightly enough to leave a bruise that lasted for a few days. Cameron was then seated on a couch while the Sheriff's Deputies conducted their search.
In the meantime, Craig phoned Buether to come and pick up the children, which...
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