MORALLY WRONG, BUT NOT CLEARLY UNCONSTITUTIONAL.
Officers executing a warrant allegedly seized more than $275,000 in cash and rare coins and inventoried $50,000. The owners sued. The Ninth Circuit granted the officers immunity without deciding whether the alleged theft was unconstitutional, because no earlier case had said so. The Supreme Court declined to hear it.
The theft is alleged; the officers and city deny it, and no charges were filed.S6 ↗S4 ↗S2 ↗THE FULL CASE FILE · the original write-up, checked
In 2013 Fresno police officers obtained a warrant to search the homes and ATM business of Micah Jessop and Brittan Ashjian, in an investigation of suspected illegal gambling machines. According to the owners, the officers seized more than $275,000 in cash and rare coins, including a coin collection worth about $125,000, and inventoried only $50,000 and no coins. The officers deny taking anything; the theft is alleged, and no charges were filed.
Jessop and Ashjian sued under Section 1983, the 1871 civil-rights statute, arguing the theft was an unreasonable seizure. They lost, and the way they lost is the point of this file. The Ninth Circuit did not rule that the theft was constitutional. As the decision is summarized, the panel need not, and did not, decide whether the officers violated the Constitution. Using the discretion Pearson v. Callahan granted in 2009, it held only that no clearly established law said stealing property seized under a warrant violates the Fourth Amendment, while saying the officers ought to have recognized the alleged theft was morally wrong.
In May 2020 the Supreme Court was asked to review it, with briefs from across the spectrum urging it to act. The petition was denied, with no explanation and no noted dissent.S6 ↗S4 ↗S1 ↗S2 ↗
Every other case file scores a ruling. This one scores a refusal to rule, twice: the Ninth Circuit declining to decide the constitutional question, and the Supreme Court declining to review it. A denial of certiorari is not a ruling on the merits, and this file scores it as what it is.
The posture matters. At summary judgment the courts take the owners' account as given, so immunity was granted on the assumption that the theft happened. The dispute was never only whether it happened; it was whether the law had been spelled out clearly enough to allow a suit.
Because no court ruled the theft unconstitutional, the law stays not clearly established. As the amici warned, the next officer who takes warrant-seized property in the circuit can claim the same immunity. The non-decision does not only fail these owners; it shields the next case.S4 ↗S3 ↗S6 ↗
Read as a set, the police-accountability chain is a machine with three moving parts. Harlow (1982) built the clearly-established shield. Saucier (2001) made courts decide the constitutional question first: the one brake that kept the law growing. Pearson (2009) made that step optional. Jessop is what the machine produces unbraked: an alleged $225,000 theft, called morally wrong, immunized because the law was never clearly established, and kept unclear because the court declined to clarify it.S4 ↗
Most divergences need explaining: a buried doctrine, a procedural trick, a narrow holding. This one needs none. The owners say police took money that was not theirs; the court said such a theft would be morally wrong; the owners recovered nothing under the Constitution, because the wrong had never been written down in exactly the right way.
The clarity that makes Jessop the harshest example also makes it a pressure point. Its facts made it a rallying case for critics of qualified immunity across the spectrum, and the natural seed of the next campaign: reform of the doctrine itself.S1 ↗S3 ↗S6 ↗
The Cato Institute with the Americans for Prosperity Foundation backed the petition; the New Civil Liberties Alliance backed rehearing in the Ninth Circuit. The petition argued the ruling split from the Seventh and Tenth Circuits.
City of Fresno / officers and the power it used. The people on the citizen side are named as the case names them and are not scored.
A federal appeals ruling, binding in the nine western states the Ninth Circuit covers, that the Supreme Court left standing. Its weight is less the rule than the illustration: the clearly-established test at its starkest.
Harlow built the shield; Saucier forced the constitutional question; Pearson made it optional. Jessop is the option taken.
CONSTITUTIONAL GRAVITY
All-time consequence · moderate. Pointed against the citizen.
Power level from the earlier version of this page. Band 70–76 · ±3 uncertainty.
institution-protective · settledLost; review denied
Immune
The court conceded the alleged conduct was wrong.S1 ↗
THE RECORD IS OPEN TO INSPECTION.
The opinions and records behind every line on this page.
To Protect and Serve, or Pilfer and Steal?
Facts, the panel's 'morally wrong' passage and the dispute over amounts.
Docket No. 19-1021, Jessop v. City of Fresno
Petition filed 14 Feb 2020; denied 18 May 2020; rehearing denied 3 Aug 2020.
Amicus brief of Cato Institute and Americans for Prosperity Foundation
Support from across the spectrum for review.
Jessop v. City of Fresno (9th Cir.) · case summary
Justia's summary: the panel 'need not, and did not, decide whether the officers violated the Constitution'; immunity because no clearly established law.
Jessop v. City of Fresno, No. 17-16297 (9th Cir. 20 Mar 2019)
Filed 20 March 2019; M. Smith, Nguyen and Restani; opinion by M. Smith, J. (header only; full text behind a subscription).
Amicus briefs: Jessop v. City of Fresno
A 2013 gambling-machine investigation; more than $275,000 seized including a $125,000 coin collection, $50,000 inventoried; NCLA backed rehearing en banc.
No matching source. Try a holding name or case title.
Each entry opens the court's own words, a plain reading and the limit of the rule.
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THE CAPSTONE OF THE POLICE-ACCOUNTABILITY CHAIN.
Root, rule, unmaking, endgame: Harlow, Saucier, Pearson, Jessop.
In the Ninth Circuit, officers who allegedly steal property seized under a warrant are immune from Fourth Amendment damages claims absent clearly established law.
…ought to have recognized that the alleged theft of [the] money and rare coins was morally wrong…S1 · The New Republic ↗
Pearson v. Callahan
The optional order and the clearly-established test.
S3 · Supreme Court of the United States (docket filing) ↗Harlow v. Fitzgerald
The test applied.
S3 · Supreme Court of the United States (docket filing) ↗State-law claims were not decided here.
WHAT THIS FEEDS ON THE MAP
Links to places on the map where a record shows this rule was applied. It links; it doesn't color the map.
City of Fresno / officers and the power it used. The people on the citizen side are named as the case names them and are not scored.
City of Fresno; E.D. Cal.
regional — binding in the Ninth Circuit
WHERE THIS EVENT BELONGS
The dispute began in Fresno, CA.
The scored institution: City of Fresno / officers.
WHAT CONNECTS TO YOUR U.S. MAP
Links to related places on the map.
On its own, it doesn't change any county's score.
| case_ref | case:jessop-v-fresno |
|---|---|
| Event type | adjudicated_case |
| Location | Fresno, CA |
| Scale | III · Regional · regional |
| Direction | −1 · institution-protective |
| Gravity · Current force | 58 · 65 |
| Method | civic3-gravity-1.0 |
Who won each encounter, from the sources on this page.
| Encounter | What was at stake | Taken by | What changed |
|---|---|---|---|
| District court · U.S. District Court (E.D. Cal.) | Whether the officers could be sued for the alleged theft | INSTITUTION | Summary judgment for the officers on immunity. S4 ↗ |
| 20 Mar 2019 · Ninth Circuit · No. 17-16297 | Whether the officers were immune | INSTITUTION | Immune; the constitutional question left undecided. S5 ↗ |
| 18 May 2020 · Supreme Court · No. 19-1021 | Whether to review the immunity ruling | NO RULING | Certiorari denied; rehearing denied 3 Aug 2020. S2 ↗ |
Institution 2 · No ruling 1 · a count of results, not a score
EVERY NUMBER IS OPEN.
Gravity, current force and effect use the Civic³ method on the Equation page. Every input below shows its reason and source. Challenge any of them.
GRAVITY · RAW WEIGHTED TOTAL
The six components below, weighted and summed.
G = .25 Authority + .20 Reach + .20 Durability + .15 Progeny + .10 Cross-domain + .10 Implementation| Input | Score | Weight | Contribution | Reason |
|---|---|---|---|---|
| Authority | 55 | 25% | 13.75 | A federal appeals ruling, review denied.S1 ↗ |
| Reach | 55 | 20% | 11.00 | Binding in the Ninth Circuit.S1 ↗ |
| Durability | 70 | 20% | 14.00 | Stands; review denied.S2 ↗ |
| Progeny | 55 | 15% | 8.25 | Cited in the national debate over qualified immunity.S3 ↗ |
| Cross-domain | 45 | 10% | 4.50 | Property seized by police.S1 ↗ |
| Implementation | 60 | 10% | 6.00 | No remedy for the alleged loss.S1 ↗ |
| Total | 100% | 57.50 | Displayed as 58 |
CONSTITUTIONAL EFFECT
E = Direction × Gravity × Confidence × Current Force
Institution-protective and settled.
E = −1 × 58 × 1.0 × 65/100CURRENT FORCE · WHAT IS STILL LIVE
Binding in the Ninth Circuit; the Supreme Court declined to revisit it.
THE FULL SCORE STACK
| Field | This file | Meaning |
|---|---|---|
| Power level /99 | 73 · band 70–76 | From the earlier version (an editorial estimate). |
| Legal / Promise / Divergence | 12 / 82 / 70 | Remedy delivered versus constitutional promise. |
| Battle Power (citizen / institution) | 35 / 76 | Litigation strength of each side, from the five inputs above. |
| Gravity | 58 | All-time constitutional consequence. |
| Current force | 65 | How much of that weight still governs today. |
| Constitutional Effect | −37.4 | Signed present consequence. |
Nine-axis profile · every input
Values from the earlier version.
| Field | Legacy file | This edition |
|---|---|---|
| Power level | 73 · band 70–76 | 73 (carried) |
| Amount taken | $225,000 | alleged; >$275,000 seized vs $50,000 inventoried |
| Legal / Truth / Divergence | 12 / 82 / 70 | Shown as the Legal and Promise games. |
| Truth HP / Legal HP · Resistance / Loop confirmed | 82 / 8 · 96 / 100 | Not used by the 2.1 method; kept for comparison. |
A RECORD THAT STAYS OPEN TO CHALLENGE.
The legacy page was rebuilt.
The legacy page said $225,000 was stolen. Reporting gives more than $275,000 seized versus $50,000 inventoried, with coins reportedly worth $125,000; the officers deny theft. The theft is recorded as alleged.
Certiorari denied 18 May 2020; rehearing denied 3 August 2020.
The old page's write-up is carried into the card where it checks out. Corrected: the panel opinion was filed 20 March 2019 (the old page's 4 September 2019 is unconfirmed and stays an open item); 'five other circuits' became the Cato brief's statement that the ruling diverged from the Seventh and Tenth Circuits; the 'need not, and did not, decide' line is quoted from Justia's summary of the decision, not the opinion text. Retired: the list of other qualified-immunity cases 'denied that term' (Baxter v. Bracey was denied on a different day) and the officers' 'to the letter' concession (no source opened). Added: the district court step, the en banc effort (NCLA) and the panel.
OPEN RESEARCH ITEMS
The Ninth Circuit opinion's own text (the 'morally wrong' passage is quoted from reporting; the 'need not' line from Justia's summary).
Whether an amended opinion issued on 4 September 2019 (936 F.3d 937), and the date rehearing en banc was denied.
REVIEW THIS EDITION
Every number, quote and edge on this page can be challenged with a source.