George Robert Huff, Maria H. Huff v. City of Burbank
Published: Mar. 27, 2010 | Result Date: Jan. 28, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07-CV-04114-FMC Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Leo J. Terrell
(Law Office of Leo Terrell)
Defendant
Daniel R. Sullivan
(Sullivan Ballog & Williams LLP)
Carol Ann E. Humiston
(Bradley & Gmelich)
Facts
On June 1, 2007, Burbank Police Department received a report from Bellarmine-Jefferson High School that a minor had threatened a school shooting. Mark Fielder reported that, in response to the threat, the school was locked down.
Police officers Darin Ryburn, Edmundo Zepeda, Fernando Munoz, and Chris Robarts responded to the call, and interviewed two of the minor's friends as well as the school's principal, Sister Cheryl Milner. After the interviews, the officers went to the minor's home to talk to him. When the officers arrived at the house, the minor's parents, George and Maria Huff, tried to avoid contact with them. Maria Huff exited the house with the minor and refused to answer questions. After Maria Huff and the minor went back into the house, the officers, reportedly concerned for their own as well as the minor's safety, entered the home. After asking the minor questions, the officers left the house, and told the school that he was not a threat.
Contentions
PLAINTIFFS' CONTENTIONS:
The minor contended that he was not at school on June 1, 2007, and that Milner had heard a rumor that the minor had written a threatening letter that stated he intended to come to school and shoot students. He further alleged that Milner had not locked down the school or sent students home and that the school's resource officer had interviewed Milner and two students who stated that the minor was not a person who would carry out a threat. The Huffs claimed that the officers had not interviewed anyone but Milner and the two students and that they stormed their home after Maria HUff refused to let them inside. Maria Huff also stated that she informed the officers she did not own any guns. The Huffs claimed the officers violated their Fourth and Fourteenth Amendment rights.
DEFENDANTS' CONTENTIONS:
The officers stated that they were only in the Huffs' home for 5 to 10 minutes and, within that time, they did not conduct a search, yell, or touch anyone.
Result
The court rendered a verdict for the defense.
Other Information
FILING DATE: June 22, 2007.
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