Martinez v. City of Clovis, No. 17-17492 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's grant of summary judgment in favor of police officers in an action brought by a victim of domestic abuse under 42 U.S.C. 1983 and state law. The panel held that the officers' conduct violated plaintiff's constitutional right to due process by affirmatively increasing the known and obvious danger plaintiff faced. However, the panel held that the officers were entitled to qualified immunity because it was not clear at the time that their conduct was unconstitutional.
The panel held that the state-created danger doctrine applies when an officer reveals a domestic violence complaint made in confidence to an abuser while simultaneously making disparaging comments about the victim in a manner that reasonably emboldens the abuser to continue abusing the victim with impunity. The panel also held that the state-created danger doctrine applies when an officer praises an abuser in the abuser's presence after the abuser has been protected from arrest, in a manner that communicates to the abuser that the abuser may continue abusing the victim with impunity.
Court Description: Civil Rights The panel affirmed the district court’s summary judgment in favor of law enforcement officers in an action brought pursuant to 42 U.S.C. § 1983 and state law by a victim of domestic abuse who alleged that defendants placed her at a greater risk of future abuse. The panel held that the state-created danger doctrine under the Due Process Clause applies when an officer reveals a domestic violence complaint made in confidence to an abuser while simultaneously making disparaging comments about the victim in a manner that reasonably emboldens the abuser to continue abusing the victim with impunity. Similarly, the state-created danger doctrine applies when an officer praises an abuser in the abuser’s presence after the abuser has been protected from arrest, in a manner that communicates to the abuser that the abuser may continue abusing the victim with impunity. Going forward, the panel held that the law in this circuit will be clearly established that such conduct is unconstitutional. The panel held that the conduct of Officers Hershberger and Sanders violated plaintiff’s constitutional right to due process, but that the officers were entitled to qualified immunity because it was not clear at the time that their conduct was unconstitutional. The panel held that Officer Yambupah’s actions left plaintiff in the same position she would have been in had Yambupah not acted at all, and MARTINEZ V. CITY OF CLOVIS 3 therefore Yambupah’s failure to protect plaintiff against private violence thus did not violate the Due Process Clause.
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