County of Los Angeles v. Mendez 137 S. Ct. 1539 (2017)
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County of Los Angeles v. Mendez
137 S. Ct. 1539 (2017)
Opinion by Alito, J.
OVERARCHING ISSUE
Whether the Fourth Amendment provides a basis for the Ninth Circuit Court
of Appeals' provocation rule. The 'provocation rule' permits an excessive force
claim, which otherwise would be barred because a law enforcement officer was found
to have acted reasonably under the 'circumstances,' where the officer intentionally or
recklessly provoke[d] a violent confrontation, [and] the provocation [was] an
independent Fourth Amendment violation.'
STATEMENT OF FACTS
Los Angeles County Sheriffs deputies were searching for a parolee at large
for whom an arrest warrant had been issued. The parolee was believed to be armed
and dangerous and previously evaded capture.2 Deputies Conley and Pederson had
been assigned to a special task force to search for the parolee. The task force received
information that the parolee had been seen at the home of Paula Hughes.3 During a
task force briefing prior to searching the property of Paula Hughes, it was disclosed
that a man named Angel Mendez lived in the backyard of the property with his
pregnant girlfriend; Deputy Pederson heard this announcement, but Deputy Conley
testified he did not remember hearing that.4
As officers approached the front door of Paula Hughes' residence, deputies
Conley and Pederson covered the back door with guns drawn and searched the rear of
the property.5 The backyard was cluttered with debris, abandoned automobiles, three
metal storage sheds, and a shack made of plywood where Mendez and his pregnant
girlfriend lived.6
Deputies Conley and Pederson entered the shack where, unbeknownst to them,
Mendez and his girlfriend were sleeping.7 Mendez rose from the bed thinking it was
Paula Hughes entering his shack, and as he rose he used a BB gun to help himself
stand which he had next to his bed.8 Mendez used the BB gun to shoot rats and other
pests that came into the shackY When Mendez rose holding the BB gun, Deputies
Conley and Pederson opened fire - striking Mendez and his girlfriend several times -
1. County of Los Angeles v. Mendez, 137 S. Ct. 1539, 1546 (2017).
2. Id. at 1544.
3. Id.
4. Id.
5. Id.
6. Id.
7. County of Los Angeles v. Mendez, 137 S. Ct. at 1544.
8. Id.
9. Id.](ViewImageLocal?handle=hein.journals/wsulr46&div=19&collection=&method=preview&ext=.png&size=3)
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County of Los Angeles v. Mendez 137 S. Ct. 1539 (2017)
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