Simmons v. Super. Ct.

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San Diego police officers Carlos Robles and Kyle Williams initiated contact with plaintiff Kenneth Simmons for being in a city park after it closed and for riding a bicycle in the dark without a headlight. Simmons fled. The officers pursued, detained, and searched him, finding a plastic baggie containing rock cocaine. Simmons was charged with possessing a controlled substance, using a weapon in a fight, and resisting an officer. A jury was unable to reach a verdict on the drug possession count and acquitted him on the others. Simmons then brought a civil action against the City of San Diego and the officers (collectively, defendants) asserting (among others) claims under the Tom Bane Civil Rights Act and under the Ralph Civil Rights Act of 1974. Simmons, an African-American, alleged the officers violated these statutes by using excessive force during his arrest, pulling his underwear into a "wedgie" while searching him, and conducting a nonconsensual physical body cavity search of his rectum. Defendants moved for summary judgment on the Bane Act and Ralph Act claims. The trial court granted the motion. Simmons filed a petition for writ of mandate, which defendants opposed. Finding that Simmons met his burden of demonstrating a triable issue with respect to his Bane Act claim, the Court of Appeals vacated summary judgment on that issue. The Court found the trial court properly granted summary judgment with respect to the Ralph Act claim. View "Simmons v. Super. Ct." on Justia Law