Bini v. City of Vancouver

218 F. Supp. 3d 1196, 2016 WL 6395297, 2016 U.S. Dist. LEXIS 149926
CourtDistrict Court, W.D. Washington
DecidedOctober 28, 2016
DocketCASE NO. C16-5460 BHS
StatusPublished
Cited by11 cases

This text of 218 F. Supp. 3d 1196 (Bini v. City of Vancouver) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bini v. City of Vancouver, 218 F. Supp. 3d 1196, 2016 WL 6395297, 2016 U.S. Dist. LEXIS 149926 (W.D. Wash. 2016).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

BENJAMIN H. SETTLE, United States District Judge

This matter comes before the Court on the motion to dismiss (Dkt. 9) of City of Vancouver (“City”) and Officer Sandra Al-dridge (“Officer Aldridge”) (collectively “Defendants”). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants the motion in part and denies it in part for the reasons stated herein.

I. PROCEDURAL HISTORY

On June 9, 2016, Plaintiff filed his complaint against Defendants claiming violations of constitutional rights actionable under 42 U.S.C. § 1983, a violation of Washington’s Criminal History Privacy Act (RCW 10.97), malicious prosecution, false arrest, false imprisonment, and negligence. Dkt. 1. On September 1, 2016, Defendants filed their motion to dismiss. Dkt. 9. On September 19, 2016, Plaintiff responded. Dkt. 11. On September 23, 2016, Defendants replied. Dkt. 13.

II. FACTUAL BACKGROUND

In early 2014, Officer Aldridge was monitoring jail communications between Plaintiff and Garrett Smith. Dkt. 1 at 2. Plaintiff and Garrett Smith were critical of Officer Aldridge and her investigation into Garrett Smith’s criminal activity, which ultimately resulted in Garrett Smith’s conviction for second degree assault and second degree attempted murder of his wife, Sheryl Smith. Id.; Dkt. 9-1.

Around the time police arrested Garret Smith, Plaintiffs girlfriend published and maintained a webpage called “'‘Garret’s Voice.” Dkt. 1 at 3. The website was'highly critical of Officer Aldridge* the Vancouver Police Department, and their work on Garrett Smith’s case. Id. Based on the content of the website and Plaintiffs jail communications with Garrett Smith,- Officer 'Al-dridge started investigating Plaintiff- for cyberstalking in violation of RCW 9.61.260. Id.

On March 29, 2014, Officer Aldridge went to Plaintiffs home and issued a warning regarding the webpage. Id. The web-page was not removed or changed. Id. at 4. At some unspecified time, Officer Aldridge issued a “Be on Look Out” warning (the “BOLO”), a probable cause statement, and a criminal complaint for Plaintiffs arrest in the police computer system. Id. at 5. On May 7, 2014, Officer Aldridge arrested Plaintiff for felony cyberstalking in violation of RCW 9.61.260(3). Id. at 4. Felony cyberstalking under RCW 9.61.260(3) requires a previous' conviction of a crime of harassment as defined under RCW 9A.46.060 as a mandatory element, while cyberstalking as a gross misdemeanor under RCW 9.61.260(1) does not. RCW 9.61.260. Plaintiff has not been convicted of a crime of harassment as defined under RCW 9A.46.060. Dkt. 1 at 4.

Plaintiff alleges that Officer Aldridge knew that Plaintiff had not previously been convicted of a crime of harassment and that she withheld this information from the prosecutor and the court to obtain the probable cause determination. Id. Plaintiff spent an unspecified number of days and nights in jail. Id. On May 12, 2014, the County Prosecutor’s Office moved to drop [1200]*1200the charge against him for felony cyber-stalking. Id.

After the charges were dropped, Officer Aldridge continued to pursue prosecution of Plaintiff. Id. On July 3, 2014, Officer Aldridge met with the Vancouver City Attorney to ask that the City prosecute Plaintiff. Id. The City Attorney declined, and stated he would revisit the issue after Officer Aldridge made a supplemental report. Id. at 5. He also said that if the City pursued the matter, it would only request a court summons and not an arrest warrant. Id.

Officer Aldridge did not remove the BOLO, Probable Cause Statement, or Criminal Complaint from the police system after Plaintiff was released on May 12, 2014. Id. at 5. On October 27, 2014, three other city police officers arrested Plaintiff pursuant to the information that Officer Aldridge failed to remove from their computer system. Id. On the way to the Jail, the other officers contacted Officer Al-dridge to inform her that they had arrested Plaintiff under the outstanding BOLO. Id. Officer Aldridge informed the other officers that Plaintiff had already been arrested and that the information should have been removed from their system. Id. The officers then immediately returned Plaintiff to his home. Id. On November 10, 2014, the City Attorney reached a decision not to file charges against Plaintiff for cyberstalking. Id. at 6.

On March 25, 2015, Officer Aldridge faxed to Sheryl Smith’s attorney two non-redacted police incident reports she had authored for her investigation and arrest of Plaintiff. Id. Officer Aldridge sent the reports to assist Sheryl Smith’s attempt to renew an anti-harassment order against Plaintiff. Id. The incident reports included non-redacted personal identifiers, including Plaintiffs date of birth, physical description, driver’s license number, address, and phone number. Id.

At some unspecified time, Plaintiff filed complaints with the City of Vancouver Police Department regarding Officer Al-dridge and the above described facts. Id. The City of Vancouver has taken no action regarding his complaints. Id.

III. DISCUSSION

A. 12(b)(6) Standard

Motions to dismiss brought under Rule 12(b)(6) may be based on either the lack of a cognizable legal theory or the absence of sufficient facts alleged under such a theory. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). Material allegations are taken as admitted and the complaint is construed in the plaintiffs favor. Keniston v. Roberts, 717 F.2d 1295, 1301 (9th Cir. 1983). To survive a motion to dismiss, the complaint does not require detailed factual allegations but must provide the grounds for entitlement to relief and not merely a “formulaic recitation” of the elements of a cause of action.Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).

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Cite This Page — Counsel Stack

Bluebook (online)
218 F. Supp. 3d 1196, 2016 WL 6395297, 2016 U.S. Dist. LEXIS 149926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bini-v-city-of-vancouver-wawd-2016.