Friedman v. Younger

• Citation: 282 F. Supp. 710
• Decision Date: 27 March 1968
• Docket Number: No. 67-1387.,67-1387.
• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
• Parties: Harold FRIEDMAN, Plaintiff, v. Evelle J. YOUNGER et al., Defendants.

282 F. Supp. 710

Harold FRIEDMAN, Plaintiff, v. Evelle J. YOUNGER et al., Defendants.

No. 67-1387.

United States District Court C. D. California.

March 27, 1968.

Harold Friedman, in pro. per.

John J. Maharg, County Counsel, and Robert H. Nida, Deputy County Counsel, for defendants Evelle J. Younger, Dist. Atty., and Anthony G. Sosich, Deputy Dist. Atty., Los Angeles County, Nathan Aaron, Deputy Probation Officer, Los Angeles County and Jerome Walters, Adult Probation Investigator, Los Angeles County.

DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER FOR DISMISSAL

HAUK, District Judge.

Defendants have filed motions to dismiss in this case in which plaintiff, an inmate at the California Men's Colony, Los Padres, California, seeks damages for violation of his civil rights by the above-named defendants and others, including two deputy district attorneys, five police officers of the City of Los Angeles, and two attorneys in their individual capacities. Plaintiff seeks $430,500 in compensatory and punitive damages in this action which was filed on September 21, 1967.

The complaint contains four causes of action, the first of which recites allegations of jurisdiction, residency, employment of defendants, agency, color of authority of defendants' actions, and that defendants acted intentionally, willfully and wantonly in depriving plaintiff of equal protection of the laws and due process of law.

Plaintiff's second cause of action describes his arrest on July 8, 1966, and events precedent and subsequent thereto, including his conviction on a plea of guilty to the crime of possession of marihuana.

Plaintiff's third cause of action describes events surrounding his receipt of a report submitted to the Court by the Probation Department.

Plaintiff's fourth cause of action describes plaintiff's retention of counsel to appeal his conviction and the results of the attorney's investigation and review of the case. Plaintiff further alleges therein that all defendants entered into a conspiracy to deprive him of his constitutional rights resulting in his imprisonment.

The uncontested facts as set forth in the plaintiff's complaint are for purposes of ruling on this motion to dismiss deemed admitted by the moving defendants and are relatively simple.

Jurisdiction of the Court has been invoked pursuant to 42 United States Code, Sections 1983¹ and 1985(2)² and 28 United States Code, Sections 1331³ and 1343(3)⁴ and 1343(4)⁵ Plaintiff's complaint demands damages exceeding $10,000.

Plaintiff was arrested on July 8, 1966, by defendant police officers for selling marihuana. He was released from the City Jail, Van Nuys, California, on bail and approximately twenty-one days later was arrested on charges of possession of marihuana for sale, possession of narcotics for sale, and possession of dangerous drugs for sale.

Thereafter, through an agreement reached by plaintiff's attorney and the district attorney and deputy district attorney, who are the moving defendants herein, plaintiff pled guilty to one charge of possession of marihuana and the other charges were dismissed. Defendant district attorneys further agreed to recommend probation. However, the probation officer's report did not recommend probation to the Court and probation was not granted to this plaintiff.

The Court has examined the record before it which includes, among other things, plaintiff's complaint for damages, plaintiff's motion to proceed in forma pauperis, and defendants' motions to dismiss with points and authorities attached thereto. Plaintiff submitted points and authorities by way of a Memorandum and Supplement in opposition to the motions but did not enter an appearance, at the hearing on the motion, through counsel or otherwise, being incarcerated in the State penal institution known as California Men's Colony, Los Padres, California. The Court has concluded from its review of the above-mentioned materials and applicable case law that, even if every alleged fact that is favorable to plaintiff were true, such facts would not establish any cause of action for the plaintiff against the moving defendants. On the contrary, taking all the facts alleged in the light most favorable to the plaintiff, and indulging every inference in support of plaintiff's allegations, it is clear that the moving defendants are entitled to dismissal.

Now having examined the files, documents, and records herein, the cause as to these defendants, Evelle J. Younger, Anthony G. Sosich, Nathan Aaron, and Jerome Walters, having been submitted for decision and the Court being fully advised in the premises, the Court renders its decision.

DECISION

Plaintiff failed to allege facts in the complaint upon which relief could be granted against these defendants.

It is well established that in an action for damages against public officials under the Civil Rights Act, the plaintiff must allege highly specific facts to defeat a motion to dismiss. Agnew v. City of Compton, 239 F.2d 226, 229 (9th Cir. 1956), cert. denied 353 U.S. 959, 77 S.Ct. 868, 1 L.Ed.2d 910 (1957); Cox v. Shepherd, 199 F.Supp. 140, 143 (S.D.Cal.1961).

Rule 8 of the Federal Rules of Civil Procedure requires that the complaint shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief".⁶ In construing this language, it has been held that when nothing whatsoever is alleged, plaintiff has not complied with the rule requiring him to show he is entitled to relief since the complaint must at the minimum reveal the basis upon which relief is sought. Rhodes v. Houston, 202 F.Supp. 624, 629 (D.Neb.1962), aff'd 309 F.2d 959 (8th Cir. 1962), cert. denied 372 U.S. 909, 83 S.Ct. 724, 9 L.Ed.2d 719 (1963).

Defendants Aaron and Walters are named only in the first and third causes of action in plaintiff's complaint. A careful examination of these causes of action reveals no allegation by plaintiff as to any act done by these defendants. Indulging in a reasonable inference favorable to plaintiff, the only factual connection with these defendants is their purported preparation and submission of a probation report to the Superior Court judge prior to sentencing.

Plaintiff's first cause of action alleges only that these defendants are employed by the Probation Department, County of Los Angeles, and that their residence is in California. Plaintiff's conclusionary allegations that they denied him equal protection of the laws and due process of law are insufficient to defeat a motion to dismiss. Agnew v. City of Compton, supra, 239 F.2d 226, 229 (9th Cir. 1956).

In plaintiff's third cause of action there are no facts alleged that would indicate defendants Aaron and Walters did anything other than participate in the preparation of the probation report. There is no allegation that they acted wrongfully in so doing or had any other factual connection with this plaintiff.

As to defendant Younger, plaintiff's complaint names him in all four causes of action. Nowhere in the complaint is there an allegation that defendant Younger performed any act, nor is there any allegation of fact whatsoever as to this defendant.

While the complaint names defendant Sosich in all four causes of action an examination of the first, third and fourth causes of action reveals no allegation of any fact as to this defendant. Conclusionary allegations phrased in terms of "deprivations of constitutional rights" are insufficient to defeat a motion to dismiss. Agnew v. City of Compton, supra, 239 F.2d 226, 231 (9th Cir. 1956).

Only in paragraph 21 is there a factual allegation which might apply to defendant Sosich. That paragraph states that deputy district attorneys agreed to recommend probation and dismiss all charges except one in exchange for plaintiff's plea of guilty. Paragraph 21, when considered with paragraph 22, indicates that the complaint for damages is based upon the Court's failure to grant probation. However, the complaint contains no allegation that defendant Sosich failed to recommend probation or acted in a wrongful manner during the course of the proceedings.

Defendants Younger, Sosich, Aaron and Walters are immune from liability under the Civil Rights Act, and plaintiff has failed to allege facts sufficiently to show abandonment of their quasi-judicial role as a basis for liability.

(A) Immunity of District Attorney Younger and Deputy District Attorney Sosich.

It is well established in most jurisdictions, including the Ninth Circuit, that prosecuting attorneys, such as the defendant district attorney and his deputies, are immune from liability for damages under the Federal Civil Rights Act, 42 United States Code, Section 1983.⁷ The courts, including the Ninth Circuit by whose rulings we are bound, have repeatedly reasserted their adherence to the general principle that prosecuting attorneys acting as quasi-judicial officers should enjoy the same immunity from civil liability as that which protects the judiciary. Clark v. State of Washington, 366 F.2d 678, 681 (9th Cir. 1966); Robichaud v. Ronan, 351 F.2d 533, 536 (9th Cir. 1965); Agnew v. Moody, 330 F.2d 868, 869 (9th Cir. 1964); Bauers v. Heisel, 361 F.2d 581, 590 (3rd Cir. 1966); Carmack v. Gibson, 363 F.2d 862, 864 (5th Cir. 1966); Gabbard v. Rose, 359 F.2d 182, 185 (6th Cir. 1966).

Limitations on this immunity are recognized by the Ninth Circuit, however, and under some circumstances prosecuting attorneys lose their immunity when they abandon their quasi-judicial role. Robichaud v. Ronan, supra, 351 F.2d 533, 536 (9th Cir. 1965); Corsican Productions v. Pitchess, 338 F.2d 441, 444 (9th Cir. 1964); Lewis v. Brautigam, 227 F.2d 124, 128-129, 55 A.L.R. 2d 505 (5th Cir. 1955).

The nature and extent of this limitation on the immunity of prosecuting attorneys is discussed extensively in Robichaud v. Ronan, supra, 351 F.2d at pages 536 to 538.

"Our court has held, in recent decisions, that a prosecuting attorney is immune from liability

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