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Hays v. Los Angeles Police Dep't

United States District Court, C.D. California

December 22, 2014

NADINE HAYS, Plaintiff,
v.
LOS ANGELES POLICE DEPARTMENT, et al., Defendants

Nadine Hays, an individual, Plaintiff, Pro se, Camarillo, CA.

For Los Angeles Police Department LAPD, Los Angeles Board of Police Commissioners, Officer Navarro, No 31587, individual, Officer Navarro, No 31587, in their professional capacity, Officer Eschavarria, No 34633, individual, Officer Eschavarria, No 34633, in their professional capacity, Officer Prude, No 34814, individual, Officer Prude, No 34814, in their professional capacity, Offider Gump, No 33303, individual, Officer Gump, No 33303, in their professional capacity, Officer Fowler, individual, Officer Fowler, in their professional capacity, Officer Coronado, individual, Officer Coronado, in their professional capacity, Officer Birch, individual, Officer Birch, in their professional capacity, Officer Vergara, individual, Officer Vergara, in their professional capacity, Officer Rodriguez, individual, Officer Rodriguez, in their professional capacity, Officer Montgomery, individual, Officer Montgomery, in their professional capacity, Officer Gillem, individual, Officer Gillem, in their professional capacity, Officer Dominguez, No 39968, individual, Officer Dominguez, No 39968, in their professional capacity, Captain Horace Frank, individual, Captain Horace Frank, in their professional capacity, Detective Brausam, individual, Detective Brausam, in their professional capacity, Captain Don Schwartzer, individual, Captain Don Schwartzer, in their professional capacity, Detective De La Cova, individual, Detective De La Cova, in their professional capacity, Alex Vargas, individual, Alex Vargas, in their professional capacity, Defendants: Elizabeth L Greenwood, LEAD ATTORNEY, Los Angeles City Attorney's Office, Los Angeles, CA.

For Robert Taylor, No 3866, individual, Defendant: Hilary Erin Feybush, LEAD ATTORNEY, Gordon and Rees LLP, Los Angeles, CA.

For Robert Taylor, No 3866, in their professional capacity, Defendant: Hilary Erin Feybush, Lisa K Garner, Gordon and Rees LLP, Los Angeles, CA.

For Global Tel Link Corporation, Objector: Robert J Herrington, LEAD ATTORNEY, Greenberg Traurig LLP, Los Angeles, CA.

FINAL REPORT AND RECOMMENDATION RE: PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION (DOC NO. 94)

PATRICK J. WALSH, UNITED STATES MAGISTRATE JUDGE.

This Final Report and Recommendation is submitted to the Hon. Dolly M. Gee, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California. For the reasons discussed below, it is recommended that Plaintiff's Motion for Summary Adjudication be denied and that Defendants be granted summary judgment on the issue of whether there was probable cause to arrest Plaintiff on April 25, 2012.[1]

I.

SUMMARY OF FACTS

On March 8, 2012, Plaintiff attended the Los Angeles Art Walk, a monthly outdoor food and art festival. (Hays Decl. at ¶ ¶ 4, 9; Frank Decl. at ¶ 2.) Plaintiff, who was a member of the " Occupy Movement, " intended to perform what she calls an " educational road show" with her friend Donald Kronos, in which they inform attendees about important issues of the day. (Hays Decl. at ¶ ¶ 4, 9.) To facilitate her efforts, she brought a wheeled cart loaded with an amplifier, a computer, a plasma TV screen, candy to hand out to passers-by, and informational handouts. (Hays Decl. at ¶ 5.).

After Plaintiff set up her equipment, she was approached by Defendant Los Angeles Police Captain Horace Frank. (Compl. at ¶ 53; Hays Decl. at ¶ ¶ 9-10; Frank Decl. at ¶ 3.) Frank issued Plaintiff a citation for violating Los Angeles Municipal Code § 56.11, which makes it a crime to leave " merchandise, baggage or any article of personal property upon any parkway or sidewalk." (Hays Decl. at ¶ ¶ 10-12; Frank Decl. at ¶ ¶ 4-5; Los Angeles Municipal Code § 56.11.)

Six weeks later, on April 25, 2012, Plaintiff and Kronos returned to downtown Los Angeles with their equipment to perform their educational road show. Plaintiff began speaking to passersby through the amplifier while Kronos filmed the scene. (Hays Decl. at ¶ ¶ 19-21; Plaintiff's Motion, Exhs. 5-8, Digital Recordings from April 25, 2012.) Officers Walker and Echavarria told her that she had to move. (Hays Decl. at ¶ ¶ 19-20.) Plaintiff failed to move and began taunting the officers. (Hays Decl. at ¶ 20; Plaintiff's Motion, Exhs. 5-8.) She then began wheeling her cart down the street, continuing her monologue as she traversed the block, and, eventually, wheeled it back to where she started. (Hays Decl. at ¶ 21; Plaintiff's Motion, Exhs. 5-8.) Once there, she parked her cart on the sidewalk, all the time speaking through her sound system. (Plaintiff's Motion, Exhs. 5-8.) Officers then arrested her for using amplified sound. (Hays Decl. at ¶ ¶ 22-24; Plaintiff's Motion, Exhs. 5-8.)

II.

ANALYSIS


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