HomeMy WebLinkAboutAgenda Report - March 17, 1999 E-19CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Request that City Join Amicus Brief in the case of Foster v. City of
Naoa, First District Court of Appeal No. A084652
MEETING DATE: March 17, 1999
PREPARED BY: City Attorney
RECOMMENDATION: That the City join the amicus brief in the case of Foster v. City of
Napa, First District Court of Appeal No. A084652.
BACKGROUND: Amicus briefs are filed in various actions which involve matters of wide
ranging concern to provide information and additional argument to the court
in order to assist the court in understanding all of the issues and arrive at a
conclusion.
This case represents an issue of importance to the city in that the outcome may effect the ability of police agencies to
investigate and prosecute spousal abuse cases.
The facts of the case involve a City of Napa police officer (Foster) who was arrested by the Napa Police Department
for spousal abuse based upon certain statements made at the crime scene by the officer's wife and her numerous
visible injuries. After the arrest the wife recanted her previous statements and the District Attorney refused to
prosecute the case. Foster subsequently filed suit against the city based upon a theory of "bad faith false arrest."
In the civil case the city filed a motion for summary judgment on the basis that the arrest was made pursuant to a
facially valid warrant and supported by probable cause. The trial court granted the city's motion and Foster has
appealed. The critical issues on appeal include: (1) the extent to which police officers are entitled to rely on a victim's
report of spousal abuse; and (2) whether probable cause can be vitiated by perceived discrepancies in the victim's
statements.
Basically, Foster will try to argue for a heightened probable cause standard for spousal abuse cases. This presents
serious policy concerns. First, imposing such a heightened probable cause standard presupposes that spousal abuse
victims are inherently unreliable or untrustworthy. Second, such a standard may hamper law enforcement's efforts to
assist abuse victims by limiting their ability to provide timely assistance. Third, it would deter victims from reporting
abuse. Spousal abuse cases are already some of the most difficult cases facing law enforcement. Should Foster
prevail in this matter those cases would become only more onerous.
FUNDING: Not applicable.
Respectfully submitted,
Randall A. Hays, City ttorn
APPROVED:
H. on Flynn -- City Manager