Arpin v. Santa Clara Valley Transportation Agency, PLAINTIFF-APPELLANT
| Citation | 261 F.3d 912 |
| Decision Date | 13 November 2000 |
| Docket Number | PLAINTIFF-APPELLANT,DEFENDANTS-APPELLEES,No. 99-16118,99-16118 |
| Parties | (9th Cir. 2001) ANGELICA GARDUNO ARPIN,v. SANTA CLARA VALLEY TRANSPORTATION AGENCY, A PUBLIC ENTITY; SANTA CLARA COUNTY SHERIFF'S OFFICE, AN AGENCY OF SANTA CLARA COUNTY; R. STONE, OPINION #1252; D. BARNES, #1150, MEMBERS OF THE SANTA CLARA COUNTY SHERIFF'S DEPARTMENT, |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Counsel: Howard Moore, Jr., Moore and Moore, Oakland, California, for the plaintiff-appellant.
Sharon L. Hightower, Eriksen, Arbuthnot, Kilduff, Day & Lindstrom, San Jose, California; Anthony F. Pinelli, Williams, Pinelli & Cullen, San Jose, California, for the defendants-appellees.
Appeal from the United States District Court for the Northern District of California Spencer M. Williams, District Judge, Presiding D.C. No. CV-97-20475-SW
Before: J. Clifford Wallace, Raymond C. Fisher and Johnnie B. Rawlinson, Circuit Judges.
Appellant Plaintiff Angelica Garduno Arpin ("Arpin") appeals the district court's summary judgment in favor of Santa Clara County ("County"), Santa Clara County Sheriff's Department ("Sheriff's Department"), Officer R. Stone ("Stone"), and Officer D. Barnes ("Barnes") (jointly "County Defendants") on her claims of false arrest and imprisonment in violation of state law, excessive force in violation of the Fourth Amendment, assault and battery, and strip search in violation of the Fourth Amendment. Arpin also appeals the district court's order dismissing all Arpin's state and federal claims against Santa Clara Valley Transportation Agency ("SCVTA") and bus driver Ronald Ruiz ("Ruiz") (jointly referred to as "Transit Defendants") and two claims against County Defendants for false arrest and false imprisonment in violation of the Fourth Amendment. The appealed claims against the Transit Defendants include false arrest and imprisonment, both in violation of the Fourth Amendment and state law, assault and battery, and statutory common carrier claims. This Court has jurisdiction pursuant to 28 U.S.C.§§ 1291. The appeal was timely because notice of the appeal was filed within 30 days after the district court entered judgment disposing of all claims against all parties. See Ethridge v. Harbor House Restaurant, 861 F.2d 1389, 1402 (9th Cir. 1988); Fed.R.App.P. 4(a)(1). Because the district court erred in dismissing Arpin's false arrest and imprisonment claims in violation of the Fourth Amendment against Ruiz, Stone and Barnes and Arpin's state law false arrest and imprisonment claims against the Transit Defendants, the district court order is reversed with respect to those claims. All of Arpin's other claims are without merit and we affirm the district court's orders in all other respects.
On May 27, 1997, Arpin filed a complaint against Defendants alleging the following claims: 1) false arrest (violation of Fourth and Fourteenth Amendments); 2) false imprisonment (violation of 42 U.S.C. §§ 1983); 3) excessive force; 4) failure to train; 5) race-based violence or intimidation; 6) assault and battery; 7) false imprisonment; 8) false arrest; 9) breach of common carrier's duty of care; 10) violation of due process; 11) failure to prevent violation of constitutional rights (as to Defendant Barnes); and 12) unlawful strip search.
According to the allegations in the complaint, on June 25, 1996, Arpin, a 60-year-old Mexican-American woman, boarded an SCVTA bus in San Jose. When she presented her June 1996 senior/disabled bus pass, the driver, Ruiz, asked to see a picture identification card. Arpin presented a picture identification card that had expired at the end of May 1996. Arpin explained that she needed to be recertified by a doctor after which she would be issued a new picture identification. Ruiz allegedly grabbed the I.D. card and accused Arpin of cheating. Arpin took the card from Ruiz and sat down on the bus. Ruiz called the Sheriff's Department from the bus. Officers Stone and Barnes met the bus before Arpin's intended stop, accompanied by two transportation agents from SCVTA, one of whom was a supervisor.
Ruiz and Arpin got off the bus. Ruiz told Stone and Barnes that Arpin had touched him. Ruiz allegedly made a false criminal report for battery. Arpin, in her complaint, alleges no battery occurred. Stone, without Arpin's consent, allegedly snatched and searched Arpin's purse. Stone allegedly broke Arpin's eyeglasses during the search and continued to demand a picture I.D. from Arpin. Stone allegedly handcuffed Arpin, twisting Arpin's left arm behind her with enough force to lift her off the ground and break her watch band. Stone placed Arpin in the Sheriff's car and took her to Elmwood Jail, where she was held for approximately seven hours.
Female sheriff's officers strip searched Arpin. The female officers allegedly took her to a room where they ordered her to take off her clothes. They allegedly humiliated Arpin by ordering her to bend over, squat and grunt. While Arpin was being detained, sheriff's deputies allegedly harassed her on the basis of her status as a Mexican-American.
A little more than three months later, on October 2, 1996, criminal charges brought against Arpin arising out of the incident were dismissed. Subsequently, both SCVTA and the Sheriff's Department reviewed and rejected Arpin's written claim for money damages. Arpin then filed this lawsuit.
On or about September 3, 1997, SCVTA and Ruiz ("Transit Defendants") moved to dismiss all claims against them. On December 3, 1997, the district court granted the Transit Defendant's motion. At the same time, the district court dismissed Arpin's claims against County Defendants for false arrest and false imprisonment in violation of the Fourth Amendment. On or about October 13, 1998, County, Sheriff's Department, Officer Stone, and Officer Barnes (the"County Defendants") moved for summary judgment. On December 7, 1998, pursuant to a motion by the Transit Defendants, the district court dismissed with prejudice all claims against the Transit Defendants under Rule 41(b) of the Federal Rules of Civil Procedure for failing to demonstrate that Arpin could allege facts which would give rise to valid claims against the Transit Defendants.
On January 13, 1999, the district court granted summary judgment on all remaining claims except for the fourth claim against the Sheriff's Department for failure to train and the twelfth claim against the Sheriff's Department for unlawful strip search. The district court requested further briefing on those issues. On April 22, 1999, the district court granted summary judgment on all remaining claims and entered judgment in favor of defendants. Arpin filed a Notice of Appeal on May 21, 1999, and an Amended Notice of Appeal on May 24, 1999.
"A grant of summary judgment is reviewed de novo." Triton Energy Corp. v. Square D Co., 68 F.3d 1216, 1220 (9th Cir. 1995). Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment shall be granted when, viewing the facts in the light most favorable to the nonmoving party, (1) there is no genuine issue of material fact, and (2) the moving party is entitled to summary judgment as a matter of law. Once the moving party has satisfied his burden, he is entitled to summary judgment if the nonmoving party fails to designate, by affidavits, depositions, answers to interrogatories, or admissions on file, "specific facts showing that there is a genuine issue for trial." Celotex Corp. v. Catrett, 477 U.S. 317, 324-25 (1986) (internal quotation omitted)."The mere existence of a scintilla of evidence in support of the non-moving party's position is not sufficient." Triton Energy, 68 F.3d at 1221. Factual disputes whose resolution would not affect the outcome of the suit are irrelevant to the consideration of a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In other words, "summary judgment should be granted where the nonmoving party fails to offer evidence from which a reasonable jury could return a verdict in its favor." Triton Energy , 68 F.3d at 1221.
In her opening brief, Arpin does not raise any arguments with respect to the district court's grant of summary judgment on the fourth claim for failure to train, the fifth claim for race-based violence or intimidation, the tenth claim for violation of due process, or the eleventh claim for failure to prevent violation of constitutional rights. In Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1110, n.1 (9th Cir. 2000) (en banc), we held that issues which are not specifically and distinctly argued and raised in a party's opening brief are waived. We reasoned that "[w]e will not manufacture arguments for an appellant, and a bare assertion does not preserve a claim." Id. (internal quotation omitted). In reviewing the district court's grant of summary judgment, we will therefore only consider Arpin's third claim for excessive force, sixth claim for assault and battery, seventh claim for false imprisonment under state law, eighth claim for false arrest under state law, ninth claim for breach of common carrier's duty of care, and twelfth claim for unlawful strip search.
The district court ruled that Arpin failed to produce evidence that her arrest was unlawful and without probable cause or that the subsequent detention was unduly lengthy so as to prevent the granting of summary judgment. While this conclusion by the district court was erroneous, County Defendants are nevertheless entitled to summary judgment on Arpin's state law claims of false arrest and false imprisonment. See Jensen v. Lane County, 222 F.3d 570, 573 (9th Cir. 2000) (...
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