Fuller v. City of Pasadena
Filed 6/22/06 Fuller v. City of Pasadena CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| MAY HELEN FULLER, Plaintiff and Appellant, v. CITY OF PASADENA et al., Defendants and Respondents. | B183466 (Los Angeles County Super. Ct. No. GC032841) |
APPEAL from a judgment of the Los Angeles County Superior Court. C. Edward Simpson, Judge. Affirmed.
Law Office of Jack K. Conway, Jack K. Conway for Plaintiff and Appellant May Helen Fuller.
Hugh Halford, Assistant City Attorney, for Defendants and Respondents City of Pasadena and Kelly Evans.
INTRODUCTION
Plaintiff and appellant May Helen Fuller (plaintiff) filed an action against defendants and respondents City of Pasadena and Sergeant Kelly Evans (Sergeant Evans), a City of Pasadena police officer, asserting causes of action for violation of civil rights under 42 U.S.C. section 1983 (section 1983), invasion of privacy, trespass, and intentional infliction of emotional distress, arising from a warrantless parole search of plaintiff's apartment conducted by Sergeant Evans and other officers based on the parole status of plaintiff's son Larry Fuller (Fuller). Plaintiff appeals from defendants' summary judgment.
We hold that there are no genuine issues of material fact with respect to plaintiff's causes of action. The section 1983 action is barred by the defense of qualified immunity. The state law causes of action for invasion of privacy, trespass, and intentional infliction of emotional distress are barred by state immunity statutes. Accordingly, we affirm the judgment.
BACKGROUND
Defendants submitted Sergeant Evans's declaration in support of their motion for summary judgment. Sergeant Evans declared that on May 21, 2003, he stopped a vehicle driven by Leldon Caldwell for a traffic violation. Fuller was a passenger in the car. Caldwell and Fuller were gang members and both admitted they were on parole. Caldwell and Fuller denied being subject to a parole condition prohibiting them from associating with other gang members. Fuller told Sergeant Evans his current address was 5121 South Rosemead Boulevard, apartment 106, in San Gabriel.
A marijuana cigarette was found in Fuller's shoe by another officer. Fuller admitted to Sergeant Evans that he had been smoking marijuana in Caldwell's car. Sergeant Evans informed Caldwell and Fuller that he would be contacting their parole officers to inform them that Caldwell and Fuller had been associating with one another, and that marijuana had been found in Fuller's shoe. Caldwell and Fuller were released by Sergeant Evans.
After Fuller's release, Sergeant Evans verified that Fuller was on parole through â€
