Jones v. City of Modesto

• Decision Date: 16 December 2005
• Docket Number: No. CVF04-5614AWIDLB.,CVF04-5614AWIDLB.
• Citation: 408 F.Supp.2d 935
• Court: U.S. District Court — Eastern District of California
• Parties: Brian K. JONES, individually and dba Knead Therapy Associates, Plaintiff, v. CITY OF MODESTO; Ed Steele; and Roy Wasden, Defendants.

Page 935

408 F.Supp.2d 935

Brian K. JONES, individually and dba Knead Therapy Associates, Plaintiff, v. CITY OF MODESTO; Ed Steele; and Roy Wasden, Defendants.

No. CVF04-5614AWIDLB.

United States District Court, E.D. California.

December 16, 2005.

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Kevin Michael Seibert, Tory E. Griffin, Downey Brand LLP, Sacramento, CA, for Plaintiff.

Thomas David Zeff, Crabtree, Schmidt, Zeff & Jacobs, Modesto, CA, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION

ISHII, District Judge.

This civil rights action arises from Defendants' summary suspension of Plaintiff's massage therapist license and massage establishment license. The court has jurisdiction over the civil rights claims pursuant to 28 U.S.C. § 1331 and supplemental jurisdiction over the state law claim. Because the events underlying this action occurred in Modesto, California, venue is appropriate in this court. Pending before the court is Defendants' motion for summary judgment or, in the alternative, summary adjudication.

BACKGROUND

On May 24, 2005, Plaintiff filed a first amended complaint. The first claim for relief is brought under 42 U.S.C. § 1983 and alleges that Defendants denied Plaintiff of his procedural due process rights. The second claim for relief is brought under 42 U.S.C. § 1983 and alleges that Defendants unlawfully took Plaintiff's property and denied Plaintiff of substantive due process. The third claim for relief is brought under 42 U.S.C. § 1983 and alleges that Defendants denied Plaintiff equal protection. The fourth claim for relief is brought under state law and alleges that Defendants were negligent.

On September 27, 2005, Defendants filed a motion for summary judgment or, in the alternative, summary adjudication. Defendants allege that Plaintiff did not have a property or liberty interest in his massage therapist license. Defendants allege that Plaintiff was not entitled to a pre-deprivation hearing and was provided with a meaningful post-deprivation hearing. Defendants contend that Plaintiff's takings claim is unripe. Defendants contend that Plaintiff was not denied of substantive due process. Defendant contend that Plaintiff's equal protection claim fails because Defendants' actions were rationally related to a legitimate government interest and Plaintiff has no proof that he was treated differently than other similarly situated individuals. Defendants contend that Defendants Steele and Wasden are protected by qualified immunity from the civil rights claims. Defendants contend that they are entitled to immunity from Plaintiff's negligence claim. Defendants contend that Plaintiff's demand for punitive damages has no merit because there is no evidence Defendants Steele's and Wasden's actions were motivated by evil motive or intent or done with reckless or callous indifference to Plaintiff's rights.

On October 17, 2005, Plaintiff filed an opposition. Plaintiff contends that he had a liberty and property interest in his massage therapist license and massage establishment license. Plaintiff contends that Defendants' failure to provide him with a pre-deprivation hearing was not justified by extraordinary circumstances, and even if it was, Defendants failed to provide Plaintiff with a timely or meaningful post-deprivation hearing. Plaintiff contends that there is a disputed issue of fact on Plaintiff's equal protection claim because there are facts showing Defendants voiding of Plaintiff's license was pretextual and other therapists were treated differently. Plaintiff contends Defendants Wasden and Steele are not entitled to summary judgment. Plaintiff contends that Defendants are not entitled to summary adjudication on Plaintiff's prayer for punitive damages.

On October 24, 2005, Defendants filed a reply.

LEGAL STANDARD

Summary judgment is appropriate when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Poller v. Columbia Broadcasting System, 368 U.S. 464, 467, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962); Jung v. FMC Corp., 755 F.2d 708, 710 (9th Cir.1985)

Under summary judgment practice, the moving party [A]lways bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any," which it believes demonstrate the absence of a genuine issue of material fact.

Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "[W]here the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the `pleadings, depositions, answers to interrogatories, and admissions on file.'" Id. Indeed, summary judgment should be entered, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. Id. at 322, 106 S.Ct. 2548. "[A] complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Id. In such a circumstance, summary judgment should be granted, "so long as whatever is before the district court demonstrates that the standard for entry of summary judgment, as set forth in Rule 56(c), is satisfied." Id. at 323, 106 S.Ct. 2548.

If the moving party meets its initial responsibility, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually does exist. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); First Nat'l Bank of Arizona v. Cities Serv. Co., 391 U.S. 253, 288-89, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968); Ruffin v. County of Los Angeles, 607 F.2d 1276, 1280 (9th Cir. 1979). In attempting to establish the existence of this factual dispute, the opposing party may not rely upon the mere allegations or denials of its pleadings, but is required to tender evidence of specific facts in the form of affidavits, and/or admissible discovery material, in support of its contention that the dispute exists. Rule 56(e); Matsushita, 475 U.S. at 586 n. 11, 106 S.Ct. 1348; First Nat'l Bank, 391 U.S. at 289, 88 S.Ct. 1575; Strong v. France, 474 F.2d 747, 749 (9th Cir.1973). The opposing party must demonstrate that the fact in contention is material, i.e., a fact that might affect the outcome of the suit under the governing law, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could return a verdict for the nonmoving party, Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505; Wool v. Tandem Computers, Inc., 818 F.2d 1433, 1436 (9th Cir.1987). In the endeavor to establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that "the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." First Nat'l Bank, 391 U.S. at 290, 88 S.Ct. 1575; T.W. Elec. Serv., 809 F.2d at 631. Thus, the "purpose of summary judgment is to `pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.'" Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (quoting Fed.R.Civ.P. 56(e) advisory committee's note on 1963 amendments); International Union of Bricklayers v. Martin Jaska, Inc., 752 F.2d 1401, 1405 (9th Cir. 1985).

In resolving the summary judgment motion, the court examines the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any. Rule 56(c); Poller, 368 U.S. at 468, 82 S.Ct. 486; SEC v. Seaboard Corp., 677 F.2d 1301, 1305-06 (9th Cir. 1982). The evidence of the opposing party is to be believed, Anderson, 477 U.S. at 255, 106 S.Ct. 2505, and all reasonable inferences that may be drawn from the facts placed before the court must be drawn in favor of the opposing party, Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962))(per curiam); Abramson v. University of Hawaii, 594 F.2d 202, 208 (9th Cir.1979). Nevertheless, inferences are not drawn out of the air, and it is the opposing party's obligation to produce a factual predicate from which the inference may be drawn. Richards v. Nielsen Freight Lines, 602 F.Supp. 1224, 1244-45 (E.D.Cal.1985), aff'd, 810 F.2d 898, 902 (9th Cir.1987). Finally, to demonstrate a genuine issue, the opposing party "must do more than simply show that there is some metaphysical doubt as to the material facts.... Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no `genuine issue for trial.'" Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (citation omitted).

FACTS¹

A. Undisputed Facts

At all relevant times, Plaintiff, BRIAN JONES (hereinafter "Plaintiff" or "Jones") was operating a massage therapy business known as Knead Therapy Associates.

Defendant CITY OF MODESTO (hereinafter the "City") has enacted provisions in the Modesto Municipal Code ("MMC") that provide for the licensing and regulation of massage/bodywork therapists and establishments.

At all relevant times, Defendant Ed Steele supervised the unit of the Modesto Police Department that...