Unpublished Disposition, 855 F.2d 860 (9th Cir. 1988)

MEMORANDUM^* 

This is an appeal from the district court's dismissal of a civil rights action filed against a district attorney. Plaintiff Cindy Disraeli alleges that Robert Wasson, a former district attorney for Tillamook County, Oregon, violated her constitutional rights by allegedly threatening to prosecute her on a charge for which she had been arrested if she filed a civil rights action against the county. Disraeli alleges that the district court erred in dismissing Disraeli's claim for damages on the basis that Wasson was entitled to prosecutorial immunity. She also alleges that the district court erred in finding her claim for injunctive and declaratory relief moot on the basis that Wasson was no longer in the office as district attorney. We have jurisdiction pursuant to 28 U.S.C. § 1291.

DISCUSSION

We may affirm the district court's judgment on any grounds finding support in the record. Smith v. Block, 784 F.2d 993, 996 n. 4 (9th Cir. 1986); Salmeron v. United States, 724 F.2d 1357, 1364 (9th Cir. 1983). As such, we decline to address the immunity and mootness issues. Instead, we find that the dismissal of Disraeli's action was justified because no actual threat occurred.

We have before us the transcript of the conversation between Wasson and Disraeli's attorney, Haber.¹  In reviewing the transcript, we cannot find any words uttered by Wasson which could be construed as a threat to prosecute in the event Disraeli filed a civil rights action. In response to extremely aggressive and persistent questioning on the part of Haber, Wasson merely indicated that the decision not to arrest Disraeli was a "sympathy" decision and that, should she attempt to "take advantage of the system," he might consider "whether or not the sympathies that [he] had for her predicament were really well placed." This language--as well as the rest of Wasson's statements during the conversation--falls short of constituting a threat. Moreover, nothing in the depositions leads us to believe otherwise. After reviewing the record, we are convinced that Wasson's statements did not give rise to a cause of action for Disraeli, and that the district court was correct in dismissing the case.

We reject Disraeli's other contentions as well. The district court's judgment is AFFIRMED.