Estate of Charles Chivrell v. City of Arcata

CourtDistrict Court, N.D. California
DecidedAugust 25, 2022
Docket4:22-cv-00019
StatusUnknown

This text of Estate of Charles Chivrell v. City of Arcata (Estate of Charles Chivrell v. City of Arcata) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Charles Chivrell v. City of Arcata, (N.D. Cal. 2022).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ESTATE OF CHARLES CHIVRELL, et al., Case No. 22-cv-00019-HSG

8 Plaintiffs, ORDER GRANTING IN PART AND 9 v. DENYING IN PART THE CITY DEFENDANTS’ MOTION TO DISMISS 10 CITY OF ARCATA, et al., AND GRANTING IN PART AND DENYING IN PART THE STATE 11 Defendants. DEFENDANTS’ MOTION TO DISMISS

12 Re: Dkt. Nos. 2, 21, 26, 40

13 14 Before the Court are two motions to dismiss. One is filed by Defendants City of Arcata, 15 Arcata Police Department (“APD”), APD Police Chief Brian Ahearn, APD Sergeant Brian 16 Hoffman, and APD Officer Joseph Rodes (collectively, the “City Defendants”), Dkt. No. 21, and 17 another is filed by Defendants State of California, California Highway Patrol (“CHP”), and CHP 18 Officer Michael Griffin (collectively, the “State Defendants”), Dkt. No. 26. For the reasons 19 below, the Court GRANTS IN PART and DENIES IN PART the City Defendants’ motion and 20 GRANTS IN PART and DENIES IN PART the State Defendants’ motion. 21 I. BACKGROUND 22 For the purpose of deciding the motions, the Court accepts the following as true: 23 In the late morning of September 9, 2021, Charles Chivrell, a 35-year-old mentally-ill man, 24 was walking down a rural road in Humboldt County, California. He carried a briefcase and had a 25 firearm holstered. In response to reports of a suspicious person with a gun, officers from both the 26 APD and CHP were dispatched to Mr. Chivrell’s location. Upon arriving, the officers followed 27 Mr. Chivrell in their patrol cars. They yelled at Mr. Chivrell to stop walking but he continued to 1 several pepperball rounds at Mr. Chivrell’s back, injuring him. When he was hit, Mr. Chivrell 2 dropped his briefcase and started to run. CHP Officer Griffin then shot Mr. Chivrell in the back of 3 his head, killing him. 4 Plaintiffs Arielle Chivrell, K.C., and D.C.1 bring eleven claims for relief:2 (1) excessive 5 force (42 U.S.C. § 1983); (2) the Rehabilitation Act; (3) the Americans with Disabilities Act 6 (“ADA”); (4) unwarranted interference with familial association under the Fourteenth Amendment 7 (42 U.S.C. § 1983); (5) unwarranted interference with familial association under the First 8 Amendment (42 U.S.C. § 1983); (6) excessive force under California law; (7) the Tom Bane Civil 9 Rights Act; (8) battery; (9) intentional infliction of emotional distress; (10) negligence; and (11) 10 wrongful death. 11 Both the City Defendants and the State Defendants move to dismiss.3 Dkt. Nos. 21, 26. 12 II. LEGAL STANDARD 13 A. Rule 12(b)(6) 14 Federal Rule of Civil Procedure 8(a) requires that a complaint contain “a short and plain 15 statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A 16 defendant may move to dismiss a complaint for failing to state a claim upon which relief can be 17 granted under Rule 12(b)(6). “Dismissal under Rule 12(b)(6) is appropriate only where the 18 complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory.” 19 1 K.C. and D. C. are minors. They have filed an ex parte motion asking the Court to appoint 20 Arielle Chivrell, their mother and legal custodian, as their guardian ad litem. Dkt. No. 2. Defendants do not oppose. Accordingly, the Court GRANTS the motion. 21

2 Plaintiffs agreed to dismiss their state-law claims (causes of action six through eleven) against 22 the State of California and CHP. Dkt. No. 27 at 2.

23 3 In July 2022, Plaintiffs moved under Rule 15(a)(2) to amend their complaint to add two new defendants and factual allegations regarding those new defendants. Dkt. No. 40. Neither the City 24 Defendants nor the State Defendants oppose the motion, but both ask the Court to apply their pending motions to dismiss to the amended complaint. Dkt. Nos. 44, 45. In reviewing the 25 proposed amended complaint, the Court concludes that “it suffers from the same defects as the original and does not change the legal theories underlying the motion to dismiss,” and thus 26 exercises its “discretion to ‘consider the motion as being addressed to the amended pleading,’ because ‘[t]o hold otherwise would be to exalt form over substance.’” Ellipso, Inc. v. Mann, 460 27 F. Supp. 2d 99, 103 (D.D.C. 2006) (quoting 6 Charles Alan Wright, Arthur R. Miller & Mary Kay 1 Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008). To survive a Rule 2 12(b)(6) motion, a plaintiff must plead “enough facts to state a claim to relief that is plausible on 3 its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible 4 when a plaintiff pleads “factual content that allows the court to draw the reasonable inference that 5 the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 6 In reviewing the plausibility of a complaint, courts “accept factual allegations in the 7 complaint as true and construe the pleadings in the light most favorable to the nonmoving party.” 8 Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). Nonetheless, 9 courts do not “accept as true allegations that are merely conclusory, unwarranted deductions of 10 fact, or unreasonable inferences.” In re Gilead Scis. Secs. Litig., 536 F.3d 1049, 1055 (9th Cir. 11 2008) (quoting Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001)). The Court 12 also need not accept as true allegations that contradict matter properly subject to judicial notice or 13 allegations contradicting the exhibits attached to the complaint. Sprewell, 266 F.3d at 988. 14 B. Leave to Amend 15 Under Federal Rule of Civil Procedure 15(a), a plaintiff has a right as a matter of course to 16 amend the complaint within 21 days from the date that a Rule 12(b) motion is filed. Fed. R. Civ. 17 P. 15(a)(1). If this time period has passed, then a plaintiff may only amend the complaint with the 18 opposing party’s written consent or the Court’s leave. Fed. R. Civ. P. 15(a)(2). Leave shall be 19 freely granted by the Court when justice requires. Id.; see also Lopez v. Smith, 203 F.3d 1122, 20 1127 (9th Cir. 2000) (“[I]n dismissing for failure to state a claim under Rule 12(b)(6), a district 21 court should grant leave to amend even if no request to amend the pleading was made, unless it 22 determines that the pleading could not possibly be cured by the allegation of other facts.” (internal 23 citation omitted)) 24 III. DISCUSSION 25 A. The City Defendants’ Motion (Dkt. No. 21) 26 1. Monell Claim 27 Plaintiffs allege Monell claims against the City Defendants in their first, fourth, and fifth 1 “A government entity may not be held liable under 42 U.S.C. § 1983

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Roberts v. United States Jaycees
468 U.S. 609 (Supreme Court, 1984)
City of Canton v. Harris
489 U.S. 378 (Supreme Court, 1989)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Lee-Barnes v. Puerto Ven Quarry Corp.
513 F.3d 20 (First Circuit, 2008)
Dougherty v. City of Covina
654 F.3d 892 (Ninth Circuit, 2011)
Tyrone Merritt v. County of Los Angeles
875 F.2d 765 (Ninth Circuit, 1989)
AE Ex Rel. Hernandez v. County of Tulare
666 F.3d 631 (Ninth Circuit, 2012)
Plumeau v. School District #40
130 F.3d 432 (Ninth Circuit, 1997)
Manzarek v. St. Paul Fire & Marine Insurance
519 F.3d 1025 (Ninth Circuit, 2008)
Mendiondo v. Centinela Hospital Medical Center
521 F.3d 1097 (Ninth Circuit, 2008)
In Re Gilead Sciences Securities Litigation
536 F.3d 1049 (Ninth Circuit, 2008)
Bay Area Rapid Transit District v. Superior Court
38 Cal. App. 4th 141 (California Court of Appeal, 1995)
Venegas v. County of Los Angeles
87 P.3d 1 (California Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
Estate of Charles Chivrell v. City of Arcata, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-charles-chivrell-v-city-of-arcata-cand-2022.