Hill v. City of Clovis
| Decision Date | 08 March 2012 |
| Docket Number | 1:11-cv-1391 AWI SMS |
| Court | U.S. District Court — Eastern District of California |
| Parties | PRESTON HILL, Plaintiff, v. THE CITY OF CLOVIS, MARK BRADFORD (Badge #5465) individually and as an officer of the Clovis Police Department, THE COUNT OF FRESNO, ELIZABETH EGAN, individually and as District Attorney, and ELANA ARON SMITH individually and as a Deputy District Attorney, Defendants. |
ORDER ON DEFENDANTS' MOTIONS TO DISMISS
This case stems from the investigation and prosecution of Preston Hill ("Hill") by Clovis Police Officer Mark Bradford ("Bradford"), Fresno County District Attorney Elizabeth Egan ("Egan"), and Fresno County Deputy District Attorney Elana Smith ("Smith"). Hill brings claims under 42 U.S.C. § 1983, and under California law for malicious prosecution. The operative complaint is the First Amended Complaint ("FAC"), which was filed following this Court's ruling on a Rule12(b)(6) motion. Bradford and the City of Clovis (collectively "City Defendants") and Egan, Smith, and the County of Fresno (collectively "County Defendants") have filed separate Rule 12(b)(6) motions. For the reasons that follow, the motions will be granted in part and denied in part.
From the FAC, in July 2010, Hill was a minor, a student, and a member of the wrestling team at Buchanan High School. See FAC ¶ 13. At some point in 2010, Hill wrestled fellow Buchanan High School student and wrestling teammate Ross Rice at a scrimmage. See id. On July 15, 2010, Bradford extensively questioned Hill about an allegation made by Rice that Hill had assaulted Rice. See id. Specifically, Rice alleged that Hill had penetrated Rice's anus with two fingers while they wrestled at the scrimmage. See id. Hill was completely cooperative with Bradford and maintained his absolute innocence. See id.
Shortly after Bradford's interview of Hill, the "individual Defendants" (Bradford, Smith, and Egan), learned that Buchanan High School was considering expelling Hill because of the Rice incident. See id. at ¶ 15. The individual Defendants were aware that there was no probable cause to charge/convict Hill, so they decided to use the expulsion proceedings as a "second best" punishment. See id. at ¶¶ 14, 16. In order to try and get Hill expelled, the Defendants intentionally prejudiced the expulsion proceedings against Hill, despite Hill's Fourteenth Amendment right to an impartial adjudicator. See id. at ¶¶ 17-20.
In order to prejudice the expulsion proceedings, the "individual Defendants" delivered Bradford's police report to Buchanan Administrators. See id. at ¶ 26. Bradford's report ignored and omitted significant exculpatory information, contained knowingly false and misleading predeterminations, and was not written in good faith. See id. at ¶¶ 21-26.
Despite knowing that Bradford's report was based on malicious predeterminations and the omission and misrepresentation of key information and facts, Egan and Smith relied on the report to justify an unsupported prosecution of Hill. See id. at ¶¶ 28, 29. On August 25, 2010, Hill (while still a minor) was charged with the crime of sexual battery by restraint in a Juvenile Wardship Petition in the Fresno County Superior Court (hereinafter "the Juvenile Action"). See id. at ¶ 33. At Bradford's request, the juvenile petition was signed by Smith and also listed Eganas a party to the petition. See id. The Juvenile Action was instituted by the individual Defendants, and was filed in order to prejudice the expulsion proceedings and without probable cause. See id. at ¶¶ 28, 32-34. The juvenile petition also omitted exculpatory information. See id. at ¶ 31. The individual Defendants informed Buchanan Administrators of the pendency of the Juvenile Action in order to prejudice the expulsion proceedings. See id. at ¶ 34.
On January 6, 2011, Smith issued a subpoena that requested Buchanan High School records of complaints against Hill between January and July 2010, and records regarding wrestling team hazing activities in which Hill or his brother (Spencer Hill) were involved. See id. at ¶ 37. Smith had no probable cause to issue the subpoena. See id. at ¶ 38. Further, Egan and Smith sought out and investigated witnesses beyond those interviewed by Bradford, including Rice's father. See id. at ¶ 39. The interviews and subpoena were done in order to prejudice the expulsion proceeding by creating a false light of Hill's guilt and convincing Buchanan Administrators that they should expel Hill. See id. at ¶ 40.
The individual Defendants omitted exculpatory information and regularly communicated false and misleading information to Buchanan Administrators, including Athletic Director Chris Hansen, Principal Ricci Ulrich, and administrators Denver Stairs and David Cohen. See id. at ¶¶ 30, 41, 43, 47.
On January 13, 2011, Buchanan Administrators held the expulsion hearing. See Doc. No. 32-3 Ex. A.2 The hearing lasted 11 hours, and Hill was represented by counsel, who was able to examine witnesses and present evidence. See id. After 45 minutes of deliberation, the expulsion panel found that Hill had violated Penal Code § 243.4 () and various sections of the Education Code. See id. The expulsion tribunal expelled Hill for the remainder of the year. See id. Since Hill was a senior, there was no opportunity for reinstatement. See id.
On January 27, 2011, see Doc. No. 36-1 at 17 n.2, the Juvenile Action terminated. Because no probable cause supported the criminal charges, the Juvenile Action against Hill wassubsequently withdrawn and terminated entirely in Hill's favor. See FAC at ¶ 44.
Hill alleges that the Defendants' conduct violated his Fourteenth Amendment right to procedural due process. See id. at ¶¶ 19, 20, 47.
Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff's "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). A dismissal under Rule 12(b)(6) may be based on the lack of a cognizable legal theory or on the absence of sufficient facts alleged under a cognizable legal theory. Johnson v. Riverside Healthcare Sys., 534 F.3d 1116, 1121 (9th Cir. 2008); Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). In reviewing a complaint under Rule 12(b)(6), all allegations of material fact are taken as true and construed in the light most favorable to the non-moving party. Marceau v. Blackfeet Hous. Auth., 540 F.3d 916, 919 (9th Cir. 2008); Vignolo v. Miller, 120 F.3d 1075, 1077 (9th Cir. 1999). However, the Court is not required "to accept as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences." In re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1056-57 (9th Cir. 2008); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). To "avoid a Rule 12(b)(6) dismissal, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009); see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S.Ct. at 1949. The Ninth Circuit has distilled the following principles from Iqbal and Twombly:
First, to be entitled to the presumption of truth, allegations in a complaint or counterclaim may not simply recite the elements of a cause of action, but must contain sufficient allegations of underlying facts to give fair notice and to enable the opposing party to defend itself effectively. Second, the factual allegations that are taken as true must plausibly suggest an entitlement to relief, such that it is not unfair to require the opposing party to be subjected to the expense of discovery and continued litigation.
Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). In deciding whether to dismiss a claim underRule 12(b)(6), the Court is generally limited to reviewing only the complaint, but it may take judicial notice of public records outside the pleadings, review materials which are properly submitted as part of the complaint, and review documents that are incorporated by reference in the Complaint if no party questions their authenticity. See Knievel v. ESPN, 393 F.3d 1068, 1076 (9th Cir. 2005); Lee v. City of Los Angeles, 250 F.3d 668, 688-89 (9th Cir. 2001). If a Rule 12(b)(6) motion is granted, "[the] district court should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts." Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (en banc). That is, leave to amend need not be granted where amendment would be futile. Gompper v. VISX, Inc., 298 F.3d 893, 898 (9th Cir. 2002).
Bradford argues that he is entitled to qualified immunity for Hill's § 1983 claims. First, the FAC does not show that Bradford violated a clearly established constitutional right. There are no cases that indicate a person has the right to attend the high school of his choice, nor are there cases that indicate a criminal matter that is subsequently voluntarily dismissed by the government violates any constitutional rights. Further, the FAC does not cite any due process right that Hill has under any source of law that was actually violated. While the FAC makes vague allegations that the juvenile petition prejudiced the expulsion proceedings, the judicially noticed documents show that Hill had ample opportunity to introduce favorable evidence and cross-examine witnesses. Second, Bradford's conduct was objectively reasonable. Bradford investigated allegations of sexual battery, decided that there was probable cause to file a...
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