Richey v. Aiyeku

Opinion

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON May 17, 2021

SEAN F. MCAVOY, CLERK

EASTERN DISTRICT OF WASHINGTON

RICHEY, NO: 4:16-CV-5047-RMP Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION v. J. AIYEKU; L. YOUNG; and K.

Defendants.

BEFORE THE COURT is Plaintiff Thomas William Sinclair Richey’s Motion for Reconsideration, ECF No. 117, of the Court’s Order Granting in Part and Denying in Part Plaintiff’s Summary Judgment Motion, ECF No. 115. The Court has reviewed Plaintiff’s Motion, ECF No. 117, Defendants’ Response, ECF No. 118, the Order at issue, ECF No. 115, the applicable law, and is fully informed. This Court granted in part Plaintiff’s Motion for Summary Judgment and found Defendants liable for nominal damages on Plaintiff’s First Amendment right to petition claim. ECF Nos. 115 and 116. The Court denied in remaining part Plaintiff’s Motion and granted summary judgment to Defendants with respect to

Plaintiff’s First Amendment retaliation claim and claims for punitive and compensatory damages. ECF No. 115 at 17–18. Plaintiff seeks reconsideration of the Court’s finding that Plaintiff is not

entitled to punitive damages on his right to petition claim as a matter of law. ECF No. 117. Defendants oppose reconsideration. ECF No. 118. Courts in this circuit disfavor motions for reconsideration and deny them

“absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in controlling law.” McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir.

1999) (per curiam). “A motion for reconsideration ‘may not be used to raise arguments or present evidence for the first time whey they could reasonably have been raised earlier in the litigation.’” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (quoting Kona Enters., Inc. v.

Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (emphasis in original)). Plaintiff seeks reconsideration by arguing that the Court should have adhered

to its judgment, prior to Defendants’ appeal, that Richey was entitled to punitive damages and that the summary judgment record “clearly” demonstrates that Plaintiff suffered “actual injury” from Defendants’ actions. ECF No. 117 at 3–4. On both of these points, Plaintiff seeks to reargue issues that the parties have previously

litigated. In the Order that Plaintiff challenges, the Court carefully adhered to the Ninth Circuit Court of Appeals’ holding in this case finding that Defendants were entitled

to qualified immunity on Plaintiff’s retaliation claim. ECF No. 115 at 16 (citing Richey v. Aiyeku, 790 Fed. Appx. 115, 116 (9th Cir. 2020) (unpublished) (“[E]ven resolving all factual disputes and drawing all reasonable inferences in Richey’s favor, it would not have been clear to every reasonable official that merely refusing

to accept a grievance for processing is a retaliatory adverse action that violates a prisoner’s First Amendment rights) (citing Brodheim v. Cry, 584 F.3d 1262, 1271– 73 (9th Cir. 2009)). The Ninth Circuit’s decision is final on the issue of Defendants’

qualified immunity. The Court entered summary judgment for Defendants on Plaintiff’s claim for punitive damages because the Ninth Circuit decided that Defendants were entitled to qualified immunity and because Plaintiff presented no evidence that Defendants

acted with evil motive or intent or callous indifference, which must be proved to award punitive damages. ,. Id. at 15. The Court previously found that Plaintiff also had not provided any evidence of an actual injury, after a thorough review of the

summary judgment record. Id. As Plaintiff merely reargues in his current motion issues previously considered and does not present newly discovered evidence, or show that the Court

committed clear error, or demonstrate an intervening change in controlling law, the Court finds that there is no basis for granting the motion to reconsider and denies Plaintiff’s motion. See Am. Ironworks & Erectors, Inc. v. N. Am. Constr. Co., 248

F.3d 892, 899 (9th Cir. 2001) (“Because [the moving parties] simply reargued their case . . . the district court did not abuse its discretion in denying the motion [for reconsideration].”); see also Milano v. Carter, 599 F. App’x 767, 768 (9th Cir.), cert. denied, 136 S. Ct. 424 (2015) (finding that the district court did not abuse its

discretion in denying the plaintiff's motion for reconsideration because the plaintiff “simply rehashed her previously-rejected arguments”). Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for

Reconsideration, ECF No. 117, is DENIED. The file in this matter shall remain closed. The District Court Clerk is directed to enter this Order and provide copies to Plaintiff and counsel.

DATED May 17, 2021.

s/ Rosanna Malouf Peterson United States District Judge