Hansen v. Schubert
| Decision Date | 28 September 2006 |
| Docket Number | No. CIV. S-02-0850 FCD GGH.,CIV. S-02-0850 FCD GGH. |
| Citation | 459 F.Supp.2d 973 |
| Court | U.S. District Court — Eastern District of California |
| Parties | Mark J. HANSEN, Monica S. Hansen, Bernie L. Hansen, Kelly A. Hansen, Carl J. Bartaldo, Donald R. Lancaster, Constance A. Lancaster, Shasta General Engineering, Inc., a California Corporation, Plaintiffs, v. Arthur SCHUBERT, Joyce Baral, Bernie Renteria, R. Garcia, Greg A. Ziegler, Vincent Zambrana, Stephanie McCall, Shon Hill, Craig Burson, K.R. Ericson, Defendants. |
Carleton Lee Briggs, Attorney and Counselor at Law, Santa Rosa, CA, Michael Steven Sorgen, Law Offices of Michael S. Sorgen, San Francisco, CA, for Plaintiffs.
Kevin William Reager, Office of the Attorney General, Stephen James Egan, California Attorney General, Sacramento, CA, for Defendants.
This matter is before the court on defendants' Arthur Schubert, Greg A. Ziegler, Vincent Zambrana, Stephanie McCall, and Craig Burson's ("defendants")1 motion for summary judgment, or, in the alternative, summary adjudication pursuant to Federal Rule of Civil Procedure 58.2 For the reasons set forth below,3 defendants' motion for summary judgment is GRANTED in part and DENIED in part.
This case arises out of a search of plaintiffs' residence and business pursuant to a search warrant pertaining to allegations of tax evasion against plaintiffs. Plaintiffs assert various violations of their constitutional rights based upon the issuance and execution of the search warrant.
Defendant Schubert was a criminal investigator with the California Department of Employment Development ("EDD"). (SDF a 2, ¶ 1). On August 9, 2000, Schubert received a call from a confidential informant ("CI"), reporting what he believed to be an illegal tax evasion payroll scheme involving Shasta General Engineering, Inc. ("SGE"). (SDF at 2, ¶ 4). According to the informant, SGE was issuing two checks to each employee, one for wages and one for purported equipment rental. (SDF at 2, ¶ 5). Based upon his training and experience, Schubert believed that the scheme, if true, was suspicious and warranted further investigation. (SDF at 2, ¶ 6).
Schubert conducted background checks on the informant, including a criminal history and DMV records check. (SDF at 3, ¶ 7). He discovered that the informant was a local businessman with no prior criminal history and no investigations or charges pending. (SDF at 3, ¶ 7). He also suspected, and later confirmed, that the CI was a business competitor of SGE who was paying more for workers' compensation insurance than SGE because of SGE's payment allocations. .
Or. April 20, 2001, at least six California Highway Patrol ("CHP") officers, several investigators from the Employment Development Department ("EDD"), employees of the Franchise tax board, and at least two deputy district attorneys entered and searched the Hansen residence, the premises of Shasta General Engineering, Inc. ("SGE"), and, later that morning, the Lancaster residence. (SDF at 9, ¶ 1). The search was executed pursuant to a search warrant pertaining to allegations of tax evasion against plaintiffs. (See SDF at 4, ¶¶ 11-13). The CHP officers approached with guns drawn. (SDF at 9, ¶ 2). Plaintiff Monica Hansen, who was the manager of SGE and ran the company from her residence, was the first to see the CHP officers. (SDF at 9, ¶ 3). The officers entered the main Hansen residence. (SDF at 9, ¶ 6). The officers then approached plaintiff Bernie Hansen's room and called out to him. (SDF at 10, ¶ 8). Bernie Hansen did not respond because he was asleep. (SDF at 10, 118). The officers kicked the door in, dragged him out of bed, and handcuffed him. (SDF at 10, ¶ 9). They pushed him up against his entertainment center and placed a shotgun against the back of his neck. (SDF at 10, ¶ 9). ). Bernie Hansen remained in handcuffs for at least an hour. (SDF at 11, ¶ 16).
Plaintiffs Kelly Hansen and Carl J. ("CJ") Bartaldo lived in an apartment in a detached section of the Hansen residence. (SDF at 10, ¶ 10). Kelly Hansen woke up to loud noises and banging on her apartment door. (SDF at 10, ¶ 10). As she came to the door, it was pushed in toward her, and she raised her hand to stop the door from hitting her. (SDF at 10, ¶ 10). Defendant Zambrana pulled her through the doorway, and ripped her top, leaving her breast exposed. (SDF at 10, ¶ 10). Despite repeated requests, Kelly Hansen was not allowed to change her top for several hours. (SDF at 11, ¶ 18-19).
Plaintiffs Monica Hansen, Kelly Hansen, Bernie Hansen, and CJ Bartaldo were eventually gathered together and ordered to sit at the dining room table. . No one ever informed them that they were free to leave, with the exception of Monica Hansen, who was told after several hours that she was free to leave. (SDF at 11, ¶ 15). Plaintiffs were also prevented from taking telephone calls during the execution of the search warrant. (SDF at 11, ¶ 20).
In executing the search warrant, the officers searched through the Hansens' home, looking though mail, looking in the freezer, going though photo albums, going through drawers, looking under mattresses, and disturbing a crematory urn. (SDF at 11, ¶ 21). The officers removed sixty-three boxes of evidence from the Hansen residence. (SDF at 12, ¶ 28).
That same day, CHP and EDD officers also searched the Lancaster residence, where only plaintiff Constance Lancaster was home. (SDF at 11, ¶ 24). Constance Lancaster was asked to sit at the dining room table. ( . When she needed to use the restroom, she was escorted by the police officer. (Id. at 19). The officers searched various parts of her home, including her underwear drawer. (Id. at 19-21).
Plaintiffs assert claims for relief for violations of their federal civil rights under 42 U.S.C. § 1983.5 Specifically, plaintiffs assert that (1) there was insufficient probable cause to support the issuance of a search warrant; (2) plaintiffs were unlawfully seized during the search; (3) the officers exceeded the scope of the search warrant; (4) the officers used excessive force in executing the warrant; and (5) defendants retaliated against them for filing this action.6
Summary judgment is appropriate when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).
Under summary judgment practice, the moving party always bears the initial responsibility of informing the district court of the basis of its motion, and identifying those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file together with the affidavits, if any," which it believes demonstrate the absence of a genuine issue of material fact.
Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "[W]here the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the `pleadings, depositions, answers to interrogatories, and admissions on file.'" Id. at 324, 106 S.Ct. 2548. Indeed, summary judgment should be entered against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. Id. at 322, 106 S.Ct. 2548. In such a circumstance, summary judgment should be granted, "so long as whatever is before the district court demonstrates that the standard for entry of summary judgment, as set forth in Rule 56(c), is satisfied." Id. at 323, 106 S.Ct. 2548.
If the moving party meets its initial responsibility, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually does exist. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); First Nat'l Bank v. Cities Serv. Co., 391 U.S. 253, 288-289, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968). In attempting to establish the existence of this factual dispute, the opposing party may not rely upon the denials of its pleadings, but is required to tender evidence of specific facts in the form of affidavits, and/or admissible discovery material, in support of its contention that the dispute exists. Fed.R.Civ.P. 56(e). The opposing party must demonstrate that the fact in contention is material, i.e., a fact that might affect the outcome of the suit under the governing law, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could return a verdict for the nonmoving party, Id. at 251-52, 106 S.Ct. 2505.
In the endeavor 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." First Nat'l Bank, 391 U.S. at 289, 88 S.Ct. 1575. Thus, the "purpose of summary judgment is to `pierce the pleadings and to assess the proof in order to see whether there is a genuine...
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