Ismail v. Cnty. of Orange

• Court: U.S. District Court — Central District of California
• Writing for the Court: VALERIE BAKER FAIRBANK
• Citation: Ismail v. Cnty. of Orange, 917 F.Supp.2d 1060 (C.D. Cal. 2012)
• Decision Date: 18 October 2012
• Docket Number: No. CV11–01751–VBF.,CV11–01751–VBF.
• Parties: Niveen ISMAIL v. COUNTY OF ORANGE and Orange County District Attorney Elizabeth Costello et al.

917 F.Supp.2d 1060

Niveen ISMAIL

v.COUNTY OF ORANGE and Orange County District Attorney Elizabeth Costello et al.

No. CV11–01751–VBF.

United States District Court, C.D. California.

Oct. 18, 2012.

Alvin M. Gomez, Gomez Law Group, Del Mar, CA, for Plaintiff.

John P. Donovan, Matthew B. Golper, Koeller, Nebeker, Carlson & Haluck, Irvine, CA, for Defendants.

ORDER GRANTING MOTION TO DISMISS ALL FEDERAL CLAIMS AGAINST COUNTY OF ORANGE AND ORANGE COUNTY DISTRICT ATTORNEY COSTELLO, AND DECLINING SUPPLEMENTAL JURISDICTION OVER ALL STATE–LAW CLAIMS AGAINST COUNTY OF ORANGE AND ORANGE COUNTY DISTRICT ATTORNEY COSTELLO

VALERIE BAKER FAIRBANK, District Judge.

Linda Kanter

Courtroom Deputy

None Present

Court Reporter

For the reasons that follow, the Court finds it appropriate to dismiss all federal-law claims against defendants County of Orange and Orange County District Attorney Elizabeth Costello (collectively “the OC Defendants”) and to decline supplemental jurisdiction over all state-law claims against the OC Defendants.

This is a civil-rights action arising under both federal and state law, and the Court has subject-matter jurisdiction under 28 U.S.C. § 1331. The plaintiff, Niveen Ismail, filed the original complaint in November 2011 (Doc 1). In March 2012, she filed the first amended complaint, dropping District Attorney Beth Carmichael as a defendant (Doc 4).¹ In July 2012, this Court granted the plaintiff's FED. R. CIV. P. 41(a)(1) motion to voluntarily dismiss all claims against defendants Kenneth Gordon and Lisa Gordon in both their official and individual capacities (Docs 51 and 57). On August 3, 2012, the Court dismissed defendant Robert Henry Young upon the joint stipulation of the parties (Docs 59–62).

On August 8, 2012, the plaintiff filed the second amended complaint (“SAC”), which is now her operative pleading, apparently purporting to assert the following federal claims under 42 U.S.C. § 1983: illegal search and seizure in violation of the Fourth Amendment, false arrest, false imprisonment, malicious prosecution, excessive bail in violation of the Eighth Amendment, and “Monell-related claims” against defendant City of Newport Beach and defendant Orange County alone (Doc 65). The SAC also appears to assert state-law claims for false arrest and false imprisonment, and a claim for civil conspiracy to deprive the plaintiff of her federal constitutional rights. See id. On all nine counts the plaintiff seeks punitive damages, along with other relief, see SAC at 20–23, and she demands a jury trial, see id. at 24.

The Court is in receipt of two motions: (1) the Motion to Dismiss the Second Amended Complaint filed on September 12, 2012 by the OC Defendants (Doc 71); and (2) the Motion to Dismiss the Second Amended Complaint filed on September 10, 2012 by defendants City of Newport Beach, Newport Beach Police Department, Newport Beach Detective Penny Freeman, and Newport Beach Police Officer Neil Schuster, each in their official and individual capacities (collectively “the Newport Beach Defendants”) (Doc 69). The plaintiff has filed a separate brief opposing each motion, and each group of defendants has filed a reply brief in support of its motion. See Docs 72–75.

On October 9, 2012, this Court issued a order finding that these matters are appropriate for decision without oral argument and vacating the hearing previously scheduled. Today the Court will rule on the OC Defendants' motion. The Court will rule on the Newport Beach Defendants' motion in a separate Order.

Background and Procedural History.

In December 2009, plaintiff was charged with felony kidnapping and felony solicitation of the kidnapping of her biological son in violation of Cal.Penal Code §§ 207(a), 653F(a), and 664(a), following an investigation by defendant Newport Beach Police Department which she describes as “faulty.” See SAC ¶¶ 25 and 41. Namely, plaintiff alleges that if defendant Officer Freeman had conducted a thorough investigation and interrogation of (dismissed defendant) Private Investigator Robert Young, he would have realized that Young was unreliable and untrustworthy. See id. ¶¶ 17 and 21.

The Office of the Orange County District Attorney (“OCDA”) recommended that the state court detain plaintiff without bail; the court set bail at $1 million but reduced it to $150,000 three months later in March 2010. See SAC ¶ ¶ 25–27. The OCDA prosecuted but a jury acquitted plaintiff of the felony kidnapping charges in Case Number 10–HM–08044 in December 2011. See SAC ¶¶ 25 and 29.

While plaintiff was out on bail in September 2010, the OCDA charged her with several misdemeanors based on a Newport Beach Police Officer's allegation that plaintiff had violated a restraining order prohibiting her from having contact with her son A.I. See SAC ¶¶ 38–43. Some of the misdemeanor charges were dismissed before trial, and the state court ultimately issued a directed verdict in favor of plaintiff on the other misdemeanor charges in December 2011. See SAC ¶¶ 46–47.

Having been acquitted of all felony and misdemeanor charges, plaintiff now alleges that OCDA Elizabeth Costello violated and conspired to violate her federal civil rights by intentionally and maliciously arranging for plaintiff's arrest and detention, making false statements, fabricating evidence, and withholding exculpatory evidence in connection with the criminal cases against her. See SAC ¶¶ 43–44, 51. According to plaintiff, reasonable people in the position of Orange County, OCDA Costello, and the City of Newport Beach and its police officers, confronted with the same circumstances and evidence they faced, would have known that there was no probable cause to search, arrest, detain, or prosecute the plaintiff. See SAC ¶¶ 36, 50, 58.

Legal Standard: Dismissal Pursuant to Fed.R.Civ.P. 12(b)(6) for Failure to State a Claim

Both of the OC Defendants seek dismissal of all claims against them pursuant to Federal Rule of Civil Procedure 12(b)(6), which authorizes the court to dismiss a claim for “failure to state a claim on which relief can be granted.” To avoid dismissal, a claim “must provide ‘more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.’ ” In re Rigel Pharms., Inc. Securities Lit., 697 F.3d 869, 875 (9th Cir.2012) (“Rigel ”) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). The well-pled factual allegations of the complaint are assumed to be true, see Rigel, 697 F.3d at 872 (citing Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 989 (9th Cir.2009)), and they are construed in the light most favorable to the plaintiff, see Western Radio Servs. Co. v. Qwest Corp., 678 F.3d 970, 976 (9th Cir.2012) (“Western Radio II ”), pet. cert. filed on other grounds,––– U.S. ––––, 133 S.Ct. 758, 184 L.Ed.2d 499 (2012) (No. 12–266). However, the court need not accept as true a legal assertion couched as a factual allegation. See Harris v. County of Orange, 682 F.3d 1126, 1131 (9th Cir.2012) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)); see also Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986).

Ultimately, the well-pled factual allegations “must be enough to raise a right to relief above the speculative level....” Rigel, 697 F.3d at 875 (citing Twombly, 550 U.S. at 555, 127 S.Ct. 1955). A claim has facial plausibility, for 12(b)(6) purposes, only “ ‘when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’ ” See Caviness v. Horizon Community Learning Center, Inc., 590 F.3d 806, 812 (9th Cir.2010) (quoting Iqbal, 556 U.S. at 677, 129 S.Ct. at 1949). Where a complaint pleads facts that are “merely consistent with” a defendant's liability, it “stops short of the line between possibility and plausibility of entitlement to relief.” See Iqbal, 556 U.S. at 677, 129 S.Ct. at 1949. In short, “ ‘[c]onclusory allegations of law and unwarranted inferences are insufficient to defeat a motion to dismiss for failure to state a claim.’ ” Caviness, 590 F.3d at 812 (quoting Epstein v. Wash. Energy Co., 83 F.3d 1136, 1140 (9th Cir.1996)).

In assessing whether a plaintiff has carried its Rule 12(b)(6) burden, the Court is generally limited to the face of the complaint, materials incorporated into the complaint by reference, and matters suitable for judicial notice, see Rigel, 697 F.3d at 872 (citing Zucco Partners, 552 F.3d at 989), as well as exhibits attached to the complaint, see Autotel v. Nevada Bell Tel. Co., 697 F.3d 846, 850 (9th Cir.2012) (citing Western Radio II, 678 F.3d at 976).

Finally, if a claim for relief cannot be cured by amendment, it should be dismissed without affording the plaintiff leave to further amend. ² “Although leave to amend should be given freely,” seeFed.R.Civ.P. 15(a), “a district court may dismiss without leave where the plaintiff's proposed amendments would fail to cure the pleading deficiencies and amendment would be futile.” Shechet v. Kim, No. 10–55631, 2012 WL 4320256, *1 (9h Cir. Sept. 21, 2012)³ (citing Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir.2011)); see also Harris, 682 F.3d at 1135 (“Dismissal without leave to amend is appropriate only when the Court is satisfied that an amendment could not cure the deficiency.”) (citing Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9h Cir.2003)).

The court may also properly be more inclined to deny leave to amend where the plaintiff has already amended the complaint more than once and failed to correct deficiencies that cause the complaint to fail to state a claim on which relief can be granted. The Ninth Circuit has held that “a district court's discretion over amendments is especially broad where the court has already given a plaintiff one or more opportunities to amend his complaint.” DCD Programs, Ltd. v....