Opinion

Johnson v. City of Seattle

Court
District Court, W.D. Washington
Filed
Dec 21, 2023
Cited by
0 cases
Authority
More cited than 32.5%

The opinion

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5 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

6 AT SEATTLE

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ROSE JOHNSON, individually and as

the Personal Representative of the

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ESTATE OF RYAN M. SMITH, on

behalf of MARK SMITH, KAHLLENA

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A. SMITH, LUKE-MICAH JOHNSON,

JALONE JOHNSON, and ROSE

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JOHNSON, C22-0609 TSZ

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Plaintiff, MINUTE ORDER

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v.

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CITY OF SEATTLE, et al.,

14 Defendants.

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The following Minute Order is made by direction of the Court, the Honorable

16 Thomas S. Zilly, United States District Judge:

(1) The deferred portions of defendants’ motion for partial summary judgment,

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docket no. 31, are GRANTED in part and DENIED in part, as follows:

18 (a) Pursuant to the parties’ agreement that plaintiff may not pursue,

pursuant to the survival and/or wrongful death statutes, a Fourteenth Amendment

19 substantive and/or procedural due process claim for excessive force, see Joint

Status Report at 2 (docket no. 61), defendants’ motion is GRANTED as to

20 plaintiff’s Second Cause of Action, 2d Am. Compl. at ¶¶ 5.1–5.9 (docket no. 20),

as well as the related portions of the Monell claim against the City of Seattle, and

21 such claims are DISMISSED with prejudice. See Graham v. Connor, 490 U.S.

386, 395 (1989) (holding that claims of excessive force during the course of an

22 arrest, investigatory stop, or other seizure are cognizable only under the Fourth

1 Amendment); Ward v. City of San Jose, 967 F.2d 280, 284–85 (9th Cir. 1991); see

also Estate of Paone v. Plymouth Township, No. 22-2178, 2022 WL 17419346, at

2 *7–9 (E.D. Pa. Dec. 5, 2022) (applying the “more-specific provision rule” to

dismiss substantive and procedural due process claims that were duplicative of an

3 excessive force claim more appropriately brought under the Fourth Amendment).

4 (b) Except as granted in Paragraph 1(a), above, and by the Minute Order

entered November 7, 2023, docket no. 52, defendants’ motion for partial summary

5 judgment, which seeks relief as to only the claims brought pursuant to 42 U.S.C.

§ 1983,1 is DENIED for the following reasons:

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(i) Excessive Force (Fourth Amendment) Claim: Generally, the

question of whether an individual has been subjected to excessive force

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requires a balancing of “the nature and quality of the intrusion on the

individual’s Fourth Amendment interests against the countervailing

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governmental interests at stake.” Luchtel v. Hagemann, 623 F.3d 975, 980

(9th Cir. 2010) (quoting Graham, 490 U.S. at 396). The facts and

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circumstances of each particular case must be examined, including “the

severity of the crime at issue, whether the suspect poses an immediate

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threat to the safety of the officers or others, and whether he is actively

resisting arrest or attempting to evade arrest by flight.” Id. (quoting

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Graham, 490 U.S. at 396). Other considerations include the quantum of

force used, the availability of alternative methods of capturing or detaining

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the suspect, and the suspect’s mental and emotional state. Id. The Court

must evaluate “the totality of the circumstances,” judging the

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reasonableness of the particular use of force from the perspective of a

reasonable officer on the scene, not with “the 20/20 vision of hindsight,”

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and bearing in mind that police officers need not use the least intrusive

means available to them. Id. at 980, 982. In this matter, Ryan M. Smith,

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who was half naked, holding a knife close to his chest (as opposed to

waiving it or aiming it at anyone), and suffering a mental health crisis, was

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shot multiple times by defendants Christopher Myers and Ryan Beecroft

within seconds after they kicked through the door to an apartment in which

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Smith’s girlfriend resided, while yelling allegedly inconsistent and

undecipherable commands. Defendants have not met their burden of

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demonstrating an absence of genuine disputes of material fact relating to

the Graham factors, see Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)

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(outlining the moving party’s burden), and the Court cannot conclude that

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21 1 In their pending motion, defendants do not seek dismissal of plaintiff’s negligence claim

against the City of Seattle, plaintiff’s outrage claim, or the survival and wrongful death theories

22 pursuant to which damages are sought on behalf of Ryan M. Smith’s parents and siblings.

1 the use of force at issue was reasonable or that defendants are “entitled to

judgment as a matter of law” with respect to plaintiff’s Fourth Amendment

2 claim, see Fed. R. Civ. P. 56(a).

3 (ii) Monell Claim: A municipality may not be held liable under

§ 1983 on a respondeat superior theory. Ulrich v. City & County of San

4 Francisco, 308 F.3d 968, 984 (9th Cir. 2002) (citing Monell v. Dep’t of

Soc. Servs. of N.Y.C., 436 U.S. 658, 691 (1978)). Instead, municipal

5 liability must be premised on one of four theories: (i) a policy or

longstanding practice or custom from which the alleged constitutional

6 violation resulted; (ii) an unconstitutional action by an official with final

policy-making authority; (iii) ratification by an official with final policy-

7 making authority of a subordinate’s unconstitutional conduct; or (iv) a

failure to adequately train employees that amounts to “deliberate

8 indifference” concerning the constitutional right at issue. See, e.g., Menotti

v. City of Seattle, 409 F.3d 1113, 1147 (9th Cir. 2005); see also City of

9 Canton v. Harris, 489 U.S. 378, 391–92 (1989). In seeking dismissal of

plaintiff’s Monell claim, the City of Seattle has not asserted that plaintiff

10 cannot prove the requisite policy, practice, or custom, action or ratification

by a policy-maker, or deliberately indifferent failure to train. Rather, in

11 their motion for partial summary judgment, defendants argue only that the

Monell claim should be dismissed if the related excessive force (Fourth

12 Amendment) claim fails. The excessive force claim, however, survives,

and thus, the Monell claim remains in the case.

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(iii) Qualified Immunity: Qualified immunity involves a two-

pronged inquiry: (i) whether the facts, taken “in the light most favorable”

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to the party asserting injury, show that the state actor violated a

constitutional right; and (ii) whether, when all inferences from the evidence

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are drawn “in the light most favorable” to the party asserting injury, the

constitutional right in question was “clearly established” at the time of the

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violation. See, e.g., Tolan v. Cotton, 572 U.S. 650, 655-57 (2014).

Whether Myers and Beecroft are entitled to qualified immunity is an issue

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of law that must be decided by the Court, see Hunter v. Bryant, 502 U.S.

224, 228 (1991), but the Court may submit the related factual questions to

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the jury, see Morales v. Fry, 873 F.3d 817, 824 (9th Cir. 2017) (citing cases

from the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Eleventh, and

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District of Columbia Circuits). Since before May 8, 2019, when Smith was

fatally shot, the law has been “clearly established” that law enforcement

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personnel “may not kill suspects who do not pose an immediate threat to

their safety or to the safety of others simply because [the suspects] are

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armed.” Van Bui v. City & County of San Francisco, 699 Fed. App’x 614,

616 (9th Cir. 2017) (summarizing the “clearly established” law as of

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1 December 2010). In this matter, factual disputes exist concerning

(i) whether a reasonable officer in the same situation as Myers and Beecroft

2 would have believed Smith posed an immediate threat to the safety of the

officers or others at the scene; and (ii) whether the use of less drastic

3 measures was feasible. Thus, Myers and Beecroft cannot be afforded

qualified immunity in advance of trial.

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(2) The parties agree that Smith’s siblings (Kahllena A. Smith, Luke-Micah

5 Johnson, and Jalone Johnson) cannot themselves assert § 1983 claims for deprivation of

liberty interests in the companionship and society of their brother. See Joint Status

6 Report at 7 (docket no. 61); see also Ward, 967 F.2d at 283–84; Rentz v. Spokane County,

No. CV-05-83, 2006 WL 8437720, at *9–11 (E.D. Wash. Aug. 4, 2006) (distinguishing

7 between parents and siblings with respect to their ability to proceed in their individual

capacities on Fourteenth Amendment substantive due process claims relating to loss of

8 companionship). The parties take opposite views, however, concerning whether Smith’s

parents (Rose Johnson and Mark Smith) may pursue a Fourteenth Amendment

9 substantive due process claim, with plaintiff seeking leave to amend2 and defendants

arguing that allowing the assertion of such claim at this late stage of the case would be

10 prejudicial to them. Plaintiff’s request for permission to file a third amended complaint is

DENIED as untimely and unnecessary. Plaintiff unsuccessfully sought leave to amend

11 the operative pleading on the deadline for doing so (October 2, 2023), but did not, in that

motion, ask to reframe the Fourteenth Amendment claim or join Smith’s father as a

12 plaintiff. See Pl.’s Mot. (docket no. 42); see also Minute Order at ¶ 2 (docket no. 52). At

that time, defendants’ motion for partial summary judgment had already been pending for

13 almost five months (having been twice renoted by the movants), and the Court concludes

that allowing plaintiff to add a new substantive claim at this juncture would be unduly

14 prejudicial to defendants. The Court also observes that, given the fairly recent

amendment to the wrongful death statute, Smith’s parents no longer need a Fourteenth

15 Amendment claim to recover for loss of companionship. Prior to 2019, the wrongful

death statute authorized an action on behalf of parents only if they were dependent on the

16 decedent for support. See Kellogg v. Nat’l R.R. Passenger Corp., 199 Wn.2d 205, 218,

504 P.3d 796 (2022) (quoting former RCW 4.20.020). The amendment, which took

17 effect on July 28, 2019, after Smith’s death, and which is retroactive as to timely-filed

claims, eliminated the dependency requirement. See id. at 219–20. Pursuant to the

18 current version of the statute, Smith’s parents may recover the same damages in

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2 Plaintiff’s contention that Smith’s parents have pleaded a deprivation of their liberty interests in

20 the companionship and society of their son lacks merit. Smith’s father is not even named as a

plaintiff in this matter, and the Fourteenth Amendment claim that was actually asserted (and has

21 now been dismissed) concerned only the “total disregard” of Smith’s “right to be free from

excessive force,” as opposed to the liberty interests of Smith’s parents. See 2d Am. Compl. at

¶¶ 5.2–5.5 (docket no. 20).

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1 connection with the asserted Fourth Amendment and/or negligence theories that they

might have sought pursuant to a Fourteenth Amendment claim, and under Washington

2 law, the § 1983 loss-of-companionship claim is now duplicative. See RCW 4.20.010(1)

(“When the death of a person is caused by the wrongful act, neglect, or default of another

3 person, his or her personal representative may maintain an action against the person

causing the death for the economic and noneconomic damages sustained by the

4 beneficiaries listed in RCW 4.20.020 as a result of the decedent’s death, in such amounts

as determined by a trier of fact to be just under all the circumstances of the case.”).

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(3) As a result of this Minute Order and the previous Minute Orders entered

6 December 20, 2022, docket no. 25, November 7, 2023, docket no. 52, and December 7,

2023, docket no. 57, the claims remaining for trial are as follows: (a) Excessive Force

7 (§ 1983 – Fourth Amendment) against Myers, Beecroft, and the City of Seattle;

(b) Negligence against the City of Seattle; and (c) Outrage against Myers, Beecroft, and

8 the City of Seattle. All other claims set forth in the Second Amended Complaint have

been dismissed.

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(4) The Clerk is directed to send a copy of this Minute Order to all counsel of

record.

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Dated this 21st day of December, 2023.

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12 Ravi Subramanian

Clerk

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s/Laurie Cuaresma

14 Deputy Clerk

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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