Handschuh v. Superior Court

Opinion

HANING, J.

Petitioner Frederic Handschuh seeks review by prohibition or mandate of respondent court’s order granting summary adjudication of issues in his cause of action against real parties Osborne and other San Francisco police officers for seizure and loss of his property and violation of his civil rights arising out of the execution of a search warrant. Respondent court’s order bars petitioner’s cause of action under the federal Civil Rights Act, Title 42, United States Code section 1983.

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We previously granted a stay of proceedings below, and now grant relief.

Real parties entered petitioner’s residence pursuant to a search warrant and seized a number of articles of personal property which were not de

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scribed in the warrant. It is conceded that the articles taken were not contraband or otherwise subject to seizure. Charges were brought against petitioner, but subsequently dismissed. Petitioner demanded return of the seized items, but was told they had been lost, destroyed or sold at auction. He then brought this action against real parties and the City and County of San Francisco for conversion, and against real parties under section 1983 for the initial seizure.

Real parties successfully moved for summary adjudication that petitioner could not state a claim under section 1983, and upon petitioner’s initial request for relief from this court we granted a stay of proceedings pending our decision.

Section 1983 provides, in relevant part: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”

“[Ojne reason the legislation was passed was to afford a federal right in federal courts because, by reason of prejudice, passion, neglect, intolerance or otherwise, state laws might not be enforced and the claims of citizens to the enjoyment of rights, privileges, and immunities guaranteed by the Fourteenth Amendment might be denied by the state agencies. ”