San Jose Charter of the Hells Angels Motorcycle Club v. City of San Jose

402 F.3d 962 (2005)

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San Jose Charter of the Hells Angels Motorcycle Club v. City of San Jose

United States Court of Appeals for the Ninth Circuit
402 F.3d 962 (2005)

Facts

The San Jose City Police Department (SJPD) (defendant) was investigating a murder connected with the San Jose Charter of the Hells Angels Motorcycle Club (SJHA) (plaintiff). One member, Steve Tausan, was the main suspect of the crime. However, pursuant to the investigation, San Jose Police Officers (SJPOs) (defendants) requested search warrants of two other SJHA members, James Souza and Robert Vieira. A week prior to the execution of the search warrants, the SJPOs were aware that Souza and Vieira kept aggressive guard dogs on their properties. The SJPOs devised a plan to either isolate or shoot the dogs if they came into contact with them. Ultimately, the SJPOs shot and killed dogs at both residences during the executions of the search warrants. The SJHA, on behalf of its members, brought claims against the City of San Jose (the city) (defendant) and SJPD under 42 U.S.C. § 1983, claiming that the searches violated their Fourth Amendment rights. The SJPOs moved for summary judgment on the ground that they were entitled to qualified immunity. The district court declined to apply qualified immunity, and the SJPOs appealed.

Rule of Law

Issue

Holding and Reasoning (Paez, J.)

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