Huling v. City of Los Banos
Decision Date | 19 April 2012 |
Docket Number | 1:11-cv-01797 LJO DLB |
Court | U.S. District Court — Eastern District of California |
Parties | JAMES HULING, Plaintiffs, v. CITY OF LOS BANOS, GARY BRIZZEE, and EDDIE DOLZADELLI, Defendants |
Plaintiff, James Huling, brings this lawsuit against the City of Los Banos ("City"), its Chief of Police, Gary Brizzee, and City Police Officer Eddie Dolzadelli. The First Amended Complaint ("FAC") alleges five state law claims for: (1) invasion of privacy, (2) defamation, (3) intentional infliction of emotional distress, (4) intentional interference with advantageous relationships, and (5) negligence. In addition, Plaintiff advances two federal civil rights claims. FAC Doc. 18. The Sixth Cause of Action, brought under 42 U.S.C. §§ 1983 and 1986, alleges Defendants violated and/or conspired to violate Plaintiffs' "due process right to informational privacy"; and that Defendants violated and/or conspired to"conduct a search and seizure of plaintiff's home and property without a warrant, or probable cause...." FAC at ¶¶ 47-64. This claim also suggests that Defendants deprived Plaintiff of ,"FAC ¶ 60, and that Defendants violated Plaintiff's FAC at ¶ 64. The Seventh Cause of Action, also brought under 42 U.S.C. §§ 1983 and 1986, alleges "Supervisory Liability" as to all Defendants, asserting that the City and Chief Brizzee are liable for Dolzadelli's actions. FAC at ¶¶ 65-69.
Defendants move to dismiss the FAC in its entirety. Doc. 19. Plaintiff opposes dismissal. Doc. 23. Defendants replied, and included in their reply a new argument that Defendants are entitled to qualified immunity. Doc. 25. Upon the Court's request, Plaintiff filed a sur-reply on the narrow issue of whether Defendants are entitled to qualified immunity on Plaintiff's informational privacy claim. Docs. 26 & 28. The motion was originally set for hearing on April 12, 2012, but the hearing was vacated and the matter submitted for decision on the papers. Doc. 15.
Plaintiff's original complaint was dismissed with leave to amend on January 25, 2012. Doc. 16. Plaintiff's federal civil rights claims against the city were dismissed for failure to satisfy the requirements of Monell v. Department of Social Services, 436 U.S. 658, 690-91 (1978), which provides that a municipality cannot be liable under § 1983 on a respondeat superior theory (i.e., simply because it employs someone who deprives another of constitutional rights). Id. at 4-6. The federal civil rights claims against Defendant Brizzee were likewise dismissed because Plaintiff "[did] not allege that Defendant Brizzee undertook any specific acts that violated Plaintiff's rights [and Defendant Brizzee cannot be held vicariously liable for the acts of his subordinate." Id. at 6. Likewise, Plaintiff's attempts to state a claim under 42 U.S.C. § 1981 were insufficient, because section 1981 "creates a cause ofaction only for those discriminated against on account of their race or ethnicity...." Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1123 (9th Cir. 2008), and "[n]othing in the complaint suggests Plaintiff was discriminated against on account of his racial or ethnic background." Id. at 7. Finally, the remaining Section 1983 claims against all Defendants in their individual capacities were dismissed. To the extent Plaintiff was attempting to bring a First Amendment claim, plaintiff failed to identify any protected speech or conduct that motivated any action by Defendant. Id. at 7-8. Plaintiff's non-specific mention of a "search" and an "illegal detention" were insufficient to state a claim under the Fourth Amendment. Id. at 8. Plaintiff's invocation of the Fourteenth Amendment failed to state a claim because "[t]he Complaint entirely fails to explain of what constitutionally protected life, liberty, or property interest Plaintiff was deprived, or what procedural protections were denied him." Id. at 8-9. Finally, embedded in Plaintiff's state law claims were various references to federal and statutory regulatory provisions enacted as part of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). These references did not provide an independent basis for the assertion of federal jurisdiction, and the district court declined to assert supplemental jurisdiction over the remaining state law claims. Id. at 9-12. Plaintiff was afforded "one opportunity to amend," and was warned that "further total disregard for applicable legal standards will not be tolerated." Id. at 13.
Dismissal under Rule 12(b)(6) is appropriate where the complaint lacks sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990). To sufficiently state a claim to relief and survive a 12(b)(6) motion, the pleading "does not need detailed factual allegations" but the "[f]actual allegations must be enough to raise a right to relief above the speculative level." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Mere "labels and conclusions" or a "formulaic recitation of the elements of a cause of action will not do." Id. Rather, there must be "enough facts to state a claim to relief that is plausible on its face." Id. at 570. In otherwords, the "complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (internal quotation marks omitted).
The Ninth Circuit has summarized the governing standard, in light of Twombly and Iqbal, as follows: "In sum, for a complaint to survive a motion to dismiss, the non-conclusory factual content, and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief." Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009) (internal quotation omitted). Apart from factual insufficiency, a complaint is also subject to dismissal under Rule 12(b)(6) where it lacks a cognizable legal theory, Balistreri, 901 F.2d at 699, or where the allegations on their face "show that relief is barred" for some legal reason, Jones v. Bock, 549 U.S. 199, 215 (2007).
In deciding whether to grant a motion to dismiss, a court must accept as true all "well-pleaded factual allegations" in the pleading under attack. Iqbal, 129 S. Ct. at 1950. A court is not, however, "required to accept as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences." Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001).
The January 24, 2012 Memorandum Decision and Order granted Defendants' motion to dismiss
with leave to amend and specifically required amendment within thirty (30) days of electronic service, which was accomplished on January 25, 2012. Doc. 16. Accordingly, any amended complaint was due Friday, February 24, 2012. Plaintiff did not file his FAC until Monday, February 27, 2012, one business day later. Defendant mentions the late filing, but does not move for dismissal on this ground. Doc. 20 at 2. Dismissal is not warranted under such circumstances, where there has been no showing of prejudice.
Plaintiff's Sixth Cause of Action against all Defendants is brought under 42 U.S.C., sections 1983 and 1986. Plaintiff's Seventh Cause of Action, brought under the same statutory provisions, asserts "Supervisory Liability" as to all Defendants.
Plaintiff has made no effort to establish that he is a member of a class deserving of suspect or quasi-suspect...
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