Bryan Bankey v. County of Santa Barbara, Santa Barbara County Sheriff's Department, Joseph Parker, Robert Bruening, and Does 1 through 50, inclusive
Published: Sep. 20, 2014 | Result Date: Jun. 17, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-03994-MWF-AGR Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Joseph M. Lovretovich
(Signature Resolution)
D. Aaron Brock
(Brock & Gonzales LLP)
Defendant
Facts
Bryan Bankey sued the County of Santa Barbara, Santa Barbara County Sheriff's Dept., Joseph Parker, and Robert Bruening, in connection with an incident that occurred on May 20, 2012.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendants of unlawfully arresting him for possessing an allegedly illegal weapon. He claimed that the alleged weapon, which was an insulated copper welding cable that had been modified to have a grip, was actually a tool or a "demo hammer" for car repairs. Plaintiff alleged that the officers wrongfully accused him of admitting that he used the item as a weapon.
Plaintiff asserted a claim for false arrest in violation of 42 U.S.C. Section 1983, false imprisonment in violation of Section 1983, malicious prosecution and abuse of process under Section 1983, false imprisonment in violation of California Penal Code Section 836, and violation of the Bane Act under California Civil Code Section 52.1.
DEFENDANTS' CONTENTIONS:
Defendants claimed that officers Parker and Bruening found the item in plaintiff's possession after he had consented to a search of his vehicle. Defendants claimed that plaintiff admitted that he carried the item for protection. As such, defendants moved for summary judgment.
Result
The court granted the motion as to the first four claims asserted against the officers because they were entitled to qualified immunity under federal law and statutory immunity under the state law. Then, the court concluded that Bankey's fifth claim for false arrest in violation of California law also failed because Bankey did not allege any coercive act beyond the coercion inherent in the allegedly unlawful arrest and detention itself. Lastly, the court ruled that defendants were likewise entitled to summary judgment on Bakey's Bane Act claim, and entered judgment in favor of defendants.
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