HERMAN v. TOWN OF MARANA (2021)

United States Court of Appeals, Ninth Circuit.2021-06-01No. No. 20-16449

Summary · law.co

Holding. The judgment dismissing Herman's § 1983 action is affirmed because Herman failed to allege sufficient facts to establish municipal liability against the Town of Marana, personal participation by defendants Lacaillade and Miller in any constitutional violation, or a plausible claim against defendant Alvarez.

Heidi Herman filed a federal civil rights lawsuit under 42 U.S.C. § 1983 against the Town of Marana and several individual defendants, raising constitutional claims. The district court dismissed her complaint for failing to state viable legal claims, and Herman appealed on her own behalf. The appellate court reviewed the dismissal and found that Herman's allegations were legally insufficient on multiple grounds.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Municipal liability requirements under Monell
Personal participation and supervisory liability
Pleading standards for § 1983 constitutional claims
Miranda warning custody doctrine
Probable cause as defense to false arrest

Procedural posture

Herman appealed pro se from a district court's Rule 12(b)(6) dismissal of her § 1983 action for failure to state a claim, with appellate review conducted de novo.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM **

Heidi Ellaina Herman appeals pro se from the district courts judgment dismissing her 42 U.S.C. § 1983 action alleging constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Dougherty v. City of Covina, 654 F.3d 892, 897 (9th Cir. 2011). We affirm.

The district court properly dismissed Hermans claims against the Town of Marana because Herman failed to allege facts sufficient to show that she suffered a constitutional violation as a result of an official policy or custom. See Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc) (discussing requirements to establish municipal liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)); Navarro v. Block, 72 F.3d 712, 714 (9th Cir. 1996) (“Proof of random acts or isolated events is insufficient to establish custom.”).

The district court properly dismissed Hermans claims against Lacaillade and Miller because Herman failed to allege facts sufficient to establish that these defendants personally participated in a violation of her constitutional rights. See Keates v. Koile, 883 F.3d 1228, 1241-43 (9th Cir. 2018) (requirements for establishing supervisory liability; “[D]efendants cannot be held liable for a constitutional violation under 42 U.S.C. § 1983 unless they were integral participants in the unlawful conduct.”).

The district court properly dismissed Hermans claims against Alvarez because Herman failed to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (a plaintiff fails to show she is entitled to relief if the complaints factual allegations “do not permit the court to infer more than the mere possibility of [the alleged] misconduct”); Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988) (“Unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.”); Oregon v. Mathiason, 429 U.S. 492, 495, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977) (per curiam) (stating that an officer has a duty to administer Miranda warnings “only where there has been such a restriction on a persons freedom as to render him ‘in custody’ ”); Fortson v. L.A. City Attys Office, 852 F.3d 1190, 1192 (9th Cir. 2017) (probable cause is a complete defense to a § 1983 claim alleging false arrest).

We do not consider allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.