Monday News Roundup
MAN IMPERSONATING CITY EMPLOYEE BURGLARIZES WOMAN’S SUNSET HOME
A man impersonating a city employee stole valuables after conning his way into the home of a 75-year-old woman in San Francisco’s Sunset District on Saturday afternoon, a police spokeswoman said.
The suspect, described as a man in his mid 40s, went to a home in the 1500 block of 23rd Avenue around 4 p.m. Saturday and told the elderly resident that he was a city employee and needed to check on a gas leak, according to San Francisco police spokeswoman Officer Grace Gatpandan.
The man quickly went inside the home, Gatpandan said.
He then asked the victim for cash in order to fix the leak, but the victim refused to pay him. When she asked the suspect for his identification, he fled from the residence, Gatpandan said.
However, while the suspect was inside the woman’s residence, he allegedly stole a wallet, credit cards, ID cards and miscellaneous papers from her bedroom.
Gatpandan said the suspect has not yet been identified. According to police, he is described as a heavyset Hispanic man standing about 5 feet 7 inches tall with black hair. He was wearing a white shirt, dark pants and dark shoes at the time of the incident.
HIGH COURT RULES OFFICERS IMMUNE ON 4TH AMENDMENT CLAIMS FOR SHOOTING MENTALLY ILL WOMAN IN 2008
Two San Francisco police officers are immune from liability for entering a mentally ill woman’s room in a group home in 2008 and shooting her five times, the U.S. Supreme Court ruled today.
In the 6-2 decision released this morning, the high court granted the two officers qualified immunity on claims they violated the Fourth Amendment when they entered the room, but declined to rule on whether the officers failed to provide reasonable accommodations for the woman’s disability under the Americans with Disabilities Act.
The woman, Teresa Sheehan, survived the Aug. 7, 2008, shooting and filed a federal civil rights suit the next year. The suit was dismissed by U.S. District Judge Charles Breyer of San Francisco, but the 9th U.S. Circuit Court of Appeals reinstated it, finding that the ADA applies to arrests.
Sheehan was diagnosed with schizoaffective disorder and lived in a group home in San Francisco’s Mission District at the time. The officers responded when a social worker became concerned that Sheehan, then 56, had stopped taking her medication, changing her clothes or eating, according to the Supreme Court ruling.
When the social worker knocked on her door and didn’t receive an answer, he used his key to enter. Sheehan sprang out of bed yelling, “Get out of here! You don’t have a warrant! I have a knife, and I’ll kill you if I have to.”
San Francisco police Sgt. Kimberly Reynolds and Officer Kathrine Holder responded to the group home and knocked on the door, telling Sheehan they were there to help her. The officers entered the room when she didn’t answer, and she threatened them with a 5-inch kitchen knife, according to the ruling.
The officers retreated, shut the door and called for backup. But, worried Sheehan may gather more weapons or escape out a back window, they re-entered the room. Sheehan charged them with the knife. The officers used pepper spray in attempt to subdue her, but she kept coming and they shot her multiple times.
A majority opinion written by Justice Samuel Alito states that the actions of the two officers in entering the room and later using lethal force was reasonable under the circumstances. The ruling leaves open the question of whether there was a Fourth Amendment violation in the officers entering the room a second time, but found that the officers’ failure to accommodate her illness did not violate clearly established law.
But the question of whether the protections against discrimination for people with mental illnesses provided by the ADA applies to arrests remains open.
The court decided that such individuals may in fact be due special considerations in police contact, and acknowledged there was disagreement in Circuit courts on this issue, but declined to rule on it because the case was inadequately argued by San Francisco.
A dissenting opinion by Justices Antonin Scalia and Elena Kagan accuses the city of not properly arguing that case by design. They argue the court would not have taken the case without the ADA aspect, but instead ruled only on the Fourth Amendment claims — an aspect of the case the high court would not have taken up on its own merits.
But the ruling appears to allow Sheehan to take her case back to a lower court for a trial on the claim that the officers violated the ADA by not adequately taking her illness into account.
Supreme Court Justice Stephen Breyer, who is the brother of Charles Breyer, recused himself from participating in the case.
HELIUM BALLOON KNOCKS OUT POWER IN NORTH BEACH, FISHERMAN’S WHARF
A helium balloon is to blame for 9,000 residents and businesses losing power in San Francisco’s Fisherman’s Wharf and North Beach neighborhoods this afternoon, according to PG&E.
The outage was first reported at 3:50 p.m., PG&E officials said.
Initially, officials said roughly 9,000 people lost power in the area. As of about 6 p.m., power had been restored to all but about 1,500, according to PG&E.
The outage was caused by a mylar balloon that came into contact with overhead power lines near the corner of Filbert and Leavenworth streets, according to PG&E.
Utility officials have asked anyone celebrating with helium-filled metallic balloons to make sure they’re tied to weights to prevent them from floating away.