Monroe v. City of Phoenix (March 13, 2001)
* court: Ninth Circuit
* public agency: Phoenix Police Department
* plaintiffs' job classes: police sergeant
* trial court's decision: in favor of all defendants
* Ninth Circuit's decision: in favor of all defendants
* issue area: qualified immunity
Monroe Facts
*
Late on September 22, 1995, Monroe burglarized a check-cashing
business stealing $600 in rolled coins. He was armed with three knives.
*
His accomplice, Tina Lopez, waited outside with a ten-speed bike.
They escaped on the bike.
Lopez at some point dropped the coins.
They got off the bike and started gathering the coins.
*
Sgt. Donald Sherrard heard the burglar alarm and came across Monroe
and Lopez while they were gathering the coins.
Sherrard thought they had had an accident and asked if they
were OK. Monroe got on
the bike and started to ride off but then came back.
*
Sherrard saw one of Monroe’s knives, and Sherrard took it from
Monroe.
*
Monroe claimed Sherrard then shot him.
*
Sherrard testified that he saw bumps in Monroe’s pocket and patted
the pocket. Monroe became
agitated and tried to flee; Sherrard grabbed Monroe’s wrist; Monroe
hit him in the head with the bag of coins.
*
Sherrard drew his weapon; Monroe fled.
Sherrard caught Monroe and holstered his weapon.
A wrestling match ensued, with Monroe lifting Sherrard off the
ground and against the patrol car.
Sherrard thought Monroe was trying to grab his gun; Sherrard
warned Monroe and then shot him in the stomach.
* Monroe filed a section 1983 action against the
City of Phoenix and Sherrard. A
jury decided in favor of all of the defendants.
The Ninth Circuit agreed.
Analysis of the Ninth Circuit's Monroe Decision
*
Monroe alleged errors in the jury selection and in the jury
instruction concerning force.
* The Ninth Circuit had little difficulty in
rejecting Monroe’s arguments.
