9th Cir.;
15-56146

The court of appeals affirmed in part and reversed in part a judgment and remanded. The court held that a deputy violated an individual's First Amendment rights by detaining him based solely on his “argumentative” behavior.

Orange County deputies went to the home of 73-year old Merritt Sharp and his wife Carol Sharp to execute an arrest warrant on Sharp's 51-year old son, whom they believed lived there. As they approached the house, they saw a man in “a black shirt, tan pants, white shoes” flee out the back door. Sharp subsequently came out his front door towards the deputies wearing a light blue shirt and blue jeans. Despite the difference in age, clothing, and demeanor between Sharp and the fleeing suspect, the deputies arrested him, yanking his arms behind his back so forcibly that one of his rotator cuffs was torn, handcuffed him, and put him in the back of a patrol car. Within minutes, the deputies discovered their mistake, but kept Sharp handcuffed and locked in the patrol car. Sharp adamantly protested his detention, loudly swearing at the deputies and threatening to sue them. In response, Deputy Ryan Anderson told Sharp: “If you weren't being so argumentative, I'd probably just put you on the curb.”