Yousefian v. City of Glendale, No. 12-57269 (9th Cir. 2015)
Annotate this CaseAfter City of Glendale police officers arrested Plaintiff for an alleged assault on his father-in-law, Plaintiff’s wife and one of the police officers began a sexual relationship. Plaintiff was charged with two counts of drug possession, which were later dismissed for lack of probable cause, and assault and elder abuse, of which Plaintiff was acquitted. The City subsequently terminated the police officer. Plaintiff brought an action against the City and the police officers pursuant to 42 U.S.C. 1983 alleging false arrest and malicious prosecution. The district court granted summary judgment for Defendants. The Ninth Circuit affirmed, holding (1) there was probable cause to arrest and prosecute Plaintiff for assault and elder abuse, and the police officer’s later misconduct did not undermine the existence of probable cause; (2) the district court did not err in granting summary judgment as to the individual defendants on the malicious prosecution claim arising from the drug possession charge because Plaintiff failed to demonstrate a Fourth Amendment seizure; and (3) because Plaintiff’s section 1983 claims against the police officers failed, his municipality liability claim also necessarily failed.
Court Description: Civil Rights. The panel affirmed the district court’s summary judgment in an action brought pursuant to 42 U.S.C. § 1983 alleging false arrest and malicious prosecution. Plaintiff was arrested by City of Glendale police officers for an alleged assault on his father-in-law. After plaintiff’s arrest, plaintiff’s wife met with one of the police officers and gave him drugs which she purported to have found in plaintiff’s car. Soon thereafter, the police officer and plaintiff’s wife began a sexual relationship. Plaintiff was charged with assault, elder abuse and two counts of drug possession. The drug charges were eventually dismissed for lack of probable cause, a jury acquitted plaintiff of the assault and elder abuse charges and, after conducting an internal investigation, the City terminated the police officer for conduct inconsistent with the proper administration of the department and unbecoming an officer. The panel held that notwithstanding plaintiff’s self- defense claim, there was indisputably probable cause to arrest and prosecute plaintiff for assault and elder abuse. The panel further determined that because the police officer’s romantic relationship with plaintiff’s wife began after all of the evidence relating to the altercation had been collected and documented in official reports, the police officer’s later misconduct did not undermine the existence of probable YOUSEFIAN V. CITY OF GLENDALE 3 cause. The panel also affirmed the summary judgment as to the individual defendants on the malicious prosecution claim arising from the charge of drug possession on the grounds that plaintiff failed to demonstrate a Fourth Amendment seizure. Finally, the panel held that because plaintiff’s § 1983 claims against the individual police officers failed, his municipal liability claim also necessarily failed. The panel urged municipalities and other employers of law enforcement officers to ensure that conduct like the police officer’s in this case is neither permitted in the course of officers’ official duties nor condoned thereafter.
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