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Jerri L. Dawson David Emry Byron Foltz Shelly N. Sogga, Individuals v. City of Seattle, a Municipal Corporation Gil Kerlikowske, City of Seattle Chief of Police, in His Official Capacity King County, Washington Alonzo L. Plough, Director, Seattle-King County Department of Public Health, in His Official Capacity Perry Lee, Health and Environmental Investigator Ii, Seattle-King County Department of Public Health, in His Official and Individual Capacity Bill Lasby, Health and Environmental Investigator Iv, Seattle-King County Department of Public Health, in His Official and Individual Capacity

Citations: 435 F.3d 1054; 2006 U.S. App. LEXIS 1663; 2006 WL 163300Docket: 03-35858

Court: Court of Appeals for the Ninth Circuit; January 23, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, plaintiffs, who were tenants of inspected boardinghouses, appealed a district court ruling that denied their motion for summary judgment and granted summary judgment to defendants, including public health and police officials. The plaintiffs alleged violations of their Fourth Amendment rights during warrant-based inspections for health code violations, claiming improper searches and unreasonable detentions. The district court found the warrants valid and detentions reasonable, dismissing the plaintiffs' claims and awarding costs to the defendants. The court applied the administrative warrant standard, determining that probable cause existed based on affidavits describing unsanitary conditions and pest infestations, justifying the inspections under health regulations. Additionally, the court rejected claims of municipal liability under 42 U.S.C. § 1983, as plaintiffs failed to prove a city policy caused the alleged rights violations. Detentions during the searches were deemed constitutional, with the court emphasizing public health concerns and the potential risks posed by the landlord and tenants. The district court's award of costs to the defendants was upheld, as no misconduct was found. Ultimately, the appellate court affirmed the lower court's decision, concluding that the actions of the public health officials and police were lawful under the circumstances presented.

Legal Issues Addressed

Cost Awards under Federal Rule of Civil Procedure 54(d)

Application: The district court awarded costs to the defendants, finding no abuse of discretion, despite plaintiffs' claims of misconduct by the defendants.

Reasoning: The court's decision to award costs to Defendants was within its discretion, as generally, costs are awarded unless the prevailing party has committed fault or misconduct.

Fourth Amendment Search and Seizure

Application: The court evaluated whether the execution of search warrants by public health officials and police violated the Fourth Amendment rights of the plaintiffs, concluding that the warrants were supported by probable cause and not overly broad.

Reasoning: The district court dismissed all claims against the individuals and entities involved, ruling that probable cause was present for the warrants and that the detentions were reasonable.

Municipal Liability under 42 U.S.C. § 1983

Application: The plaintiffs failed to demonstrate that the City of Seattle had a policy or practice that led to a violation of their constitutional rights, thereby failing to establish municipal liability.

Reasoning: The case underscores the necessity for demonstrating that municipal practices caused the alleged violations of civil rights.

Probable Cause for Search Warrants

Application: Probable cause was established through affidavits detailing unsanitary conditions and pest infestations, justifying the issuance of inspection warrants under the Seattle Municipal Health Code.

Reasoning: Declarations from Coppock and Lasby indicated a strong likelihood that evidence of code violations would be found in the specified boardinghouses, citing unsanitary conditions conducive to rodent infestations.

Reasonableness of Detentions during Searches

Application: The court upheld the reasonableness of detentions during the search, citing public health concerns and potential risks posed by the tenants and property owner.

Reasoning: The detentions of the plaintiffs were found to be constitutionally permissible, with no genuine material facts suggesting otherwise.