Opinion

Johnny Lee Jackson v. Daryl Gates City of Los Angeles

  • 975 F.2d 648
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 27, 1992
Status
Published
Author
Rymer
On the bench
Pregerson, Canby, Rymer
Cited by
59 cases
Authority
More cited than 25.7%

stating that “because the right to be free from unreasonable searches is contained explicitly in the Fourth Amendment, it follows that the right to be free from adverse consequences for refusing to submit to an unreasonable search must also be found there”

How later courts described this case

  • stating that “because the right to be free from unreasonable searches is contained explicitly in the Fourth Amendment, it follows that the right to be free from adverse consequences for refusing to submit to an unreasonable search must also be found there”
  • explaining that an “arbitrator is a neutral entity who is confined to the interpretation and application of the collective bargaining agreement” with “no authority to set or alter any policy whatsoever”
  • holding that plaintiff’s refusal to submit to unconstitutional drug testing and resulting adverse consequences was sufficient to show plaintiff’s constitutional rights were violated
  • holding that city’s policy need not be unconstitutional per se, but need only cause a constitutional violation

Written by the judges who cited it.

The opinion

RYMER, Circuit Judge,

dissenting:

I dissent, because I believe we are bound by Los Angeles Police Protective League v. Gates, 907 F.2d 879 (9th Cir.1990), to ask whether the City or the LAPD ever adopted a policy of carrying out unconstitutional searches of police officers, 907 F.2d at 890 . Because there is no evidence that it did, there is no basis for municipal liability.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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