Carrillo v. Pima County Community College District, et al.

Holding: The Ninth Circuit affirmed the district court's summary judgment, ruling that the plaintiff's encounter was consensual, his First Amendment claim was waived, and he received adequate procedural due process.
Vote: The panel unanimously concluded the case was suitable for decision without oral argument.
Practical effect: The decision reinforces that consensual police encounters do not trigger Fourth Amendment protections and that appellate courts will not consider claims waived at the trial level.

The Ninth Circuit affirmed the district court's grant of summary judgment in a civil rights appeal involving a former college employee. The panel held that the plaintiff's interactions with officers were consensual, his First Amendment claim was waived, and he received adequate procedural due process.

Background

Carlos Carrillo appealed a district court order granting summary judgment for Pima County Community College District and several individual defendants. Carrillo had brought three claims under Section nineteen eighty-three of Title forty-two of the United States Code, alleging violations of his Fourth, First, and Fourteenth Amendment rights.

The court’s reasoning

The panel reviewed the district court’s grant of summary judgment de novo. Regarding the Fourth Amendment claim, the court found that a reasonable person would not have believed they were not free to leave, noting that officers informed Carrillo he could leave and he responded, ‘No I’m not gonna, I’m not gonna leave, you’re fine.’ On the First Amendment claim, the court held that issues not raised before the district court are waived on appeal, and Carrillo had not argued retaliation below. For the Fourteenth Amendment claim, the court applied a three-factor test weighing the private interest, the risk of erroneous deprivation, and the government’s interest. The court concluded that Carrillo received adequate process through an expedited review and a Title IX hearing where he was represented by counsel.

No I’m not gonna, I’m not gonna leave, you’re fine.

Opinion at page 3

What it means going forward

The decision reinforces that consensual police encounters do not trigger Fourth Amendment protections and that appellate courts will not consider claims waived at the trial level.