Nasty case, bad law:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/12/04/17-17492.pdf
Victim was at her cousin’s house on the evening of May 2, 2013. When boyfriend arrived at the house, he became physically abusive. She hides from him. Calls police. Gets a cab to her residence where boyfriend and police are there. Boyfriend tells her not to talk to them. Police officers ask her to repeat her accusation, in front of the boyfriend, without separating her from the abuser. She recants and goes inside. The officers stay outside talking to him saying “why are you dating someone like that?” He goes back inside and roughs her up some more.
A month later he beats her so bad one of the neighbors calls 911. “Yambupah [responding officer] had received domestic violence training. She noticed that Martinez had injuries consistent with those of a victim of physical abuse, including a red cheek, scrapes on her knees, a manicured fingernail that was broken and bleeding, a torn shirt, and bruising on her arms. She photographed Martinez’s injuries. Although Yambupah later acknowledged that separating Martinez and Pennington was important because of the possibility of intimidation, Martinez testified that they were not separated by more than seven feet when she and Yambupah spoke. Martinez, believing that Pennington was within earshot, whispered to Yambupah that the injuries had been inflicted by Pennington, that Pennington had tried to smother her with a pillow, and that he had attempted to choke her.” Yambupah tells her supervisor she’s going to make an arrest (which is mandatory under California law) and the Supervisor tells her to refer it to the district attorney instead. They eventually leave. They don’t inform her of her right to make a citizens arrest and they don’t provide her with any of the educational materials for domestic assault victims. He beats her some more.
Eventually he gets arrested and convicted.
Oh btw, the abusive boyfriend was a police officer on administrative leave for domestic assault against another woman. He was friends with one of the first officers and the supervisor who overruled the arrest was friends with his father.
9th circuit rules that the officers involved have qualified immunity.