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COURT DENIES IMMUNITY FOR COPS.


Byline: Andrea Cavanaugh Staff Writer

The 9th Circuit Court of Appeals has upheld a ruling by its three-member panel, agreeing that more than a dozen Simi Valley Simi Valley (sē`mē, sĭm`ē), city (1990 pop. 100,217), Ventura co., SW Calif. in an oil, fruit, and farm region; laid out 1887, inc. 1969.  police officers were not entitled to immunity from a suit alleging they searched a home illegally.

The lawsuit stemmed from a 1998 search of a Patricia Avenue house for a weapon believed to have been used in a drive-by shooting drive-by shooting Public health A phenomenon in which one or more persons–commonly members of street gangs, open fire à la Al Capone from moving vehicles, often in retaliation for an alleged wrong-doing by a rival gang .

During the search, police handcuffed four residents of the home and called in the Immigration and Naturalization Service Noun 1. Immigration and Naturalization Service - an agency in the Department of Justice that enforces laws and regulations for the admission of foreign-born persons to the United States
INS
 to question them about their immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important.  status.

The home was occupied by numerous boarders unrelated to the shooting suspect, including then-18-year-old Iris Mena. Many of the home's rooms were locked with padlocks.

Police broke down Mena's door, handcuffed her in bed, and detained de·tain  
tr.v. de·tained, de·tain·ing, de·tains
1. To keep from proceeding; delay or retard.

2. To keep in custody or temporary confinement:
 her for several hours.

The court ruled that the officers should have known that the suspect did not have access to the locked rooms.

In 2001, a federal jury awarded $60,000 to Mena in connection with the search, said her attorney, James Muller.

An attorney representing the city of Simi Valley did not return a call seeking comment.

Andrea Cavanaugh, (805) 583-7604

andrea.cavanaugh(at)dailynews.com
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Publication:Daily News (Los Angeles, CA)
Date:Jan 16, 2004
Words:196
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