Thursday, June 18, 2026
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Ninth Circuit:
No Liability for Arrest at Riverside Courthouse
Panel Says Sheriff’s Deputy Did Not Breach Constitutional Rights
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals yesterday affirmed a summary judgment in favor of the County of Riverside and a sheriff’s deputy in an action brought by a woman who contends that the law enforcement officer unlawfully and arbitrarily ordered her to leave the environs of the courthouse and physically assaulted her.
A three-judge panel, in a memorandum opinion, upheld the determination by District Court Judge André Birotte Jr. that the plaintiff, Melody Thompson, failed to show constitutional violations on the part of Sheriff’s Deputy Heather Moon.
An initial Sept. 28, 2020 recommendation by Magistrate Judge Shashi H. Kewalramani was that summary judgment be denied the deputy on her claims under the First and Fourth Amendments, and Birotte on Nov. 8, 2022 ruled in accordance with her advice. After discovery took place, Kewalramani determined on Nov. 7, 2023, that Moon is entitled to qualified immunity, and on Jan. 10, 2024, the judge accepted her report.
He also followed her recommendations that Sheriff Chad Bianco be dropped from the action and that judgment be awarded the county.
Inauguration Day
The incident in question occurred on Jan. 20, 2017—Inauguration Day. Thompson, who had come to court for a hearing in a trust matter that was postponed until later that morning, became engaged in a conversation with two persons inside the courthouse.
She commented that she was “glad that Trump will be inaugurated today” and that “the government will be returned to the people.”
One of the persons with whom she was speaking expressed a differing view and they went outside to continue the conversation.
Moon came forth and a confrontation took place that led to Thompson’s civil rights lawsuit.
The Palm Springs Desert Sun on Feb. 3, 2019 quoted Thompson as saying of Moon:
“She was pleasant before the comment. There was no other reason for the security guard to become upset other than hearing the name of President Trump in a positive manner.”
Kewalramani’s Recitation
As Kewalramani in 2020 recited Thompson’s account of what occurred:
“At 8:12 a.m., Plaintiff and the first person began walking towards the Courthouse courtyard and then ‘Plaintiff saw Sheriffs coming toward her’ and Officer Moon ‘yelling in a loud voice to leave the court[]house’ ‘for no apparent reason.’…Plaintiff describes thinking Officer Moon was ‘out of control,’ and Plaintiff was ‘shock[ed]’ by Officer Moon’s behavior….Plaintiff notes that ‘[t]here was no emergency and the building was not being evacuated,’ that ‘Plaintiff ha[d] [o]fficial business at the courthouse,’ and Plaintiff ‘was not loitering or trespassing.’…Plaintiff asked to speak with a watch commander because she felt Officer Moon was acting ‘in an unlawful or irrational manner,’ and Officer Moon ‘became extremely angry’ and told Plaintiff that she was ‘under arrest.’ ”
The magistrate judge continued:
“Defendant Moon then ‘violently[] twisted Plaintiffs arm behind’ Plaintiffs back and spun Plaintiff around….Officer Moon then ‘pushed Plaintiff back into the metal detector area’ and forced Plaintiff into a chair…. Plaintiff again asked to speak with a watch commander….At this point, a ‘Corporal Officer’ identified himself as the watch commander but did not intervene and left Officer Moon in control of the situation….The Corporal Officer and Officer Moon then ‘paraded’ Plaintiff through the Courthouse in handcuffs and took Plaintiff to the Courthouse basement….Plaintiff saw her ‘adversaries’ while in handcuffs and was ‘humiliat[ed] and embarrass[ed].’ ”
Thomson was arraigned on two misdemeanor charges but charges were dipped after a prosecutor viewed a surveillance videotape.
Kewalramani said in her report and recommendation that “viewing the facts in the light most favorable to Plaintiff it does not appear that probable cause existed to arrest” her and that “the arrest appeared to be retaliatory.”
Ninth Circuit Opinion
Yesterday’s Ninth Circuit opinion was signed by Circuit Judges Kenneth Kiyul Lee, Gabriel P. Sanchez, and Holly A. Thomas. They wrote:
“The district court correctly granted summary judgment for defendants….Thompson’s Fourth Amendment unlawful arrest and First Amendment retaliation claims are predicated on the assumption that Officer Moon lacked probable cause to arrest her. In other words, if Deputy Moon had probable cause to arrest her. Thompson’s First and Fourth Amendment claims necessarily fail….
“The record shows that Deputy’ Moon had probable cause to arrest Thompson. Deputy Moon responded to a request for additional assistance by security personnel guarding the courthouse entrance. Upon arrival, the officer observed Thompson partially obstructing the narrow area in front of the security screening area and yelling loudly at another woman. Thompson continued to yell, and told Deputy Moon she did not need to leave, ignoring multiple requests to clear the security screening area. During her deposition. Thompson admitted she was repeatedly asked to leave the screening area and refused to comply with official orders.”
The case is Thompson v. Riverside County Sheriff’s Department, 24-737.
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