9th Cir.;
16-15784

The court of appeals reversed a district court judgment. The court held that neither an evicted tenant nor her “houseguest” had a reasonable expectation of privacy in the apartment from which she had been evicted.

Tucson police officers responded to a report of trespassers in what was supposed to be a vacant apartment. Finding the apartment unlocked, the officers announced themselves and entered. They found themselves in a room stacked with personal belongings. Hearing noise coming from a bedroom, they approached the closed door and again announced their presence. Receiving no response, they opened the door. Michael Duncklee and Amber Watts were in the room. Duncklee charged at the officers, making a loud growling noise and brandishing a hockey stick. Because of the belongings stacked behind them, the officers could not retreat. They yelled at Duncklee to stop. When he continued to charge at them, both officers fired. Duncklee was killed. The officers discovered later that Watts was a former tenant who had been evicted, and who had returned to the apartment without permission. Duncklee was allegedly her guest. Duncklee's mother sued the officers and the city under 42 U.S.C. §1983. The parties filed cross-motions for summary judgment.