Sheehan v. City & Cnty. of San Francisco

Under 42 U.S.C. § 1983, summary judgment should not be granted when a genuine issue of material fact exists in whether a state’s actors were objectively reasonable in forcing a confrontation with a known emotional and mentally ill person.

Teresa Sheehan filed this action against the city and county of San Francisco under 42 U.S.C. § 1983 making claims that her rights, protected by the 4^th Amendment and the Americans with Disabilities Act, were violated as well as rising tort and statutory claims under California law, after two police officers entered Sheehan’s room, without a warrant, in order for Sheehan to be taken for a mental health evaluation, and ultimately resulted in Sheehan being shot 5 or 6 times after she threatened the police with a knife. The District Court for the Northern District of California granted summary judgment for the defendants and Sheehan filed this appeal. The Ninth Circuit held that it is a genuine issue of material fact whether the officer’s entry into the room of and forcing a confrontation with an emotional and mentally ill woman was objectively reasonable stands in the way of summary judgment in a § 1983 lawsuit. The issues here are whether the officers’ entrance caused a violation of the 4^th Amendment and if the officers are protected by qualified immunity. Here, the officer’s initial entry was justified, however, the subsequent entry of the officers raises tribal issues under the 4^th Amendment, and that the officers do have the protection of qualified immunity. AFFIRMED in part, VACATED in part and REMANDED.