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CRUZ v. DECKER (2021)

United States Court of Appeals, Ninth Circuit.2021-03-17No. No. 20-15745

Summary

Holding. The court affirmed the district court's dismissal, holding that Decker is entitled to qualified immunity because neither the prior court decision nor the statutory amendment clearly established that he violated a federal constitutional or statutory right.

Plaintiffs sued defendant Decker, a state administrator, under federal civil rights law claiming he violated their constitutional or statutory rights by failing to update an actuarial table used in disability benefit calculations. Decker asserted qualified immunity, a defense that protects officials from monetary damages when the legal rule they allegedly violated was not clearly established at the time of their conduct. The court examined whether two sources—a prior state court decision and a statutory amendment—clearly established that Decker had a legal duty to update the table. The court found neither source met the demanding standard for clearly establishing a legal rule.

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

Key issues

  • Whether a single state trial court decision can clearly establish a legal rule for qualified immunity purposes
  • Whether a state court judgment against an agency in its official capacity creates personal liability for the agency administrator
  • Whether a statutory amendment with ambiguous effective date clearly established a legal duty

Procedural posture

Plaintiffs appealed the district court's dismissal of their § 1983 civil rights action on qualified immunity grounds.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM *

Plaintiffs Douglas Cruz and Laura Buckley appeal the district courts dismissal of their lawsuit brought under 42 U.S.C. § 1983 on account of defendant Joseph Deckers qualified immunity. We have jurisdiction under 28 U.S.C. § 1291. Reviewing de novo, see Keates v. Koile, 883 F.3d 1228, 1234 (9th Cir. 2018), we affirm.

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” Olivier v. Baca, 913 F.3d 852, 860 (9th Cir. 2019) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 735, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011)). “For a right to be ‘clearly established,’ existing ‘precedent must have placed the statutory or constitutional question beyond debate,’ such that ‘every’ reasonable official would have understood that he was violating a clearly established right.” Id. (quoting al-Kidd, 563 U.S. at 741, 131 S.Ct. 2074).

1. In re Stratton, No. A-16-738866-J (Nev. Dist. Ct. Mar. 21, 2017), did not clearly establish that Decker was obligated to update the actuarial table used to calculate lump sum payments of permanent partial disability awards. “[A] district judges ipse dixit of a holding is not ‘controlling authority’ in any jurisdiction,” and a single trial court ruling “falls far short of what is necessary” to clearly establish a legal rule “absent controlling authority: a robust ‘consensus of cases of persuasive authority.’ ” al-Kidd, 563 U.S. at 741–42, 131 S.Ct. 2074 (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999)).

Stratton was not “a controlling command to Decker” personally, as plaintiffs argue, because Decker was not a party to that litigation in his individual capacity. The relevant party was either the Nevada Division of Industrial Relations (“DIR”), a state agency, or Decker in his official capacity as the DIR Administrator, which is the same thing. See Craig v. Donnelly, 439 P.3d 413, 416 (Nev. Ct. App. 2019) (“[W]hen state officials or employees are sued in their official capacities, such actions are truly against the office, not the individual, such that the action is effectively against the state itself.” (citing Will v. Mich. Dept of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989))).

Nor is it of any consequence that Stratton placed DIR under a legal obligation to update the actuarial table for the purpose of recalculating Larry Strattons award. Even assuming that Decker personally had an obligation to ensure that DIR complied with the Stratton order in less than nine months, as plaintiffs assert, that obligation sheds no light on whether it was clearly established that Stratton was correct as a matter of Nevada law. It is not enough that Decker violated a legal duty to comply with a court order if his noncompliance with that order was not the basis of the § 1983 suit. See Davis v. Scherer, 468 U.S. 183, 193–96, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984).

2. The statutory amendment also did not clearly establish that Decker violated a legal duty. While the amended statute provided that the actuarial table “must be adjusted ․ on July 1 of each year,” Nev. Rev. Stat. § 616C.495(5) (2017), it was reasonably uncertain whether the first adjustment was required in 2017 or 2018. For DIR to have acted by July 1, 2017, it would have had to bypass the procedures for promulgating new regulations normally required by Nevadas Administrative Procedure Act. If the state legislature expected such a deviation, it likely would have expressed its intent more clearly.

AFFIRMED.