Shooter v. Arizona, No. 19-16248 (9th Cir. 2021)
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The Ninth Circuit affirmed the district court's dismissal of Plaintiff Donald Shooter's 42 U.S.C. 1983 action alleging that the Speaker of the Arizona House of Representatives, Javan Mesnard, and the Arizona Governor's Chief of Staff, Kirk Adams, wrongfully engineered Shooter's expulsion as a representative from the Arizona House. In early 2018, Shooter was expelled from the Arizona House by a 56-3 vote after a legislative investigation into sexual harassment allegations concluded that he had created a hostile work environment. After the cause of action was removed to federal court, the district court dismissed the federal claim and remanded the state-law claims back to state court.
The panel agreed that Shooter's federal cause of action under section 1983 was properly dismissed for failure to state a claim upon which relief may be granted. Because the complaint's allegations do not raise a plausible inference of sex discrimination, the panel concluded that Shooter's equal protection claim based on such a theory was properly dismissed. Furthermore, Shooter's two distinct due process theories are barred by qualified immunity. In this case, Shooter has failed to demonstrate a clearly established right to any due process protections beyond those already afforded to him by the Arizona House of Representatives. The panel concluded that the district court correctly held that Mesnard and Adams were entitled to qualified immunity. Finally, the district court did not abuse its discretion in failing sua sponte to grant Shooter leave to amend.
Court Description: Civil Rights. The panel affirmed the district court’s dismissal, for failure to state a claim, of an action brought by Donald Shooter pursuant to 42 U.S.C. § 1983 alleging that the Speaker of the Arizona House of Representatives, Javan Mesnard, and the Arizona Governor’s Chief of Staff, Kirk Adams, wrongfully engineered Shooter’s expulsion as a representative from the Arizona House. Shooter was expelled from the Arizona House by a 56-3 vote after a legislative investigation into sexual harassment allegations concluded that he had created a hostile work environment. Shooter filed suit against Mesnard, Adams, and the State of Arizona, alleging that his expulsion was the product of a conspiracy to suppress his anti-corruption efforts. Shooter’s complaint alleged federal causes of action under § 1983 based on due process and equal protection violations. Shooter conceded on appeal that the district court correctly dismissed his § 1983 claim against the State of Arizona on the grounds that the State is not a person for the purposes of § 1983. Accordingly, the only question before the panel was whether the district court properly dismissed Shooter’s § 1983 claim for monetary relief against Mesnard and Adams. SHOOTER V. STATE OF ARIZONA 3 The panel first held that even assuming that Shooter had not abandoned his violation of equal protection theory, he failed to state a claim because the complaint failed to plead sufficient facts to raise a plausible inference that Mesnard and Adams acted with a discriminatory intent based on Shooter’s sex. Addressing the procedural due process claims based on a stigma-plus theory, the panel held that even assuming that Shooter had any cognizable liberty interest, the claim failed because Mesnard and Adams were entitled to qualified immunity. The panel stated that in arguing that his due process rights to notice and a hearing were violated, Shooter relied on cases that arose in factual contexts that differed from the internal workings of a state legislature, thereby underscoring his failure to show clearly established law that was particularized to the facts of the case. Moreover, the legislative context in which Shooter’s claims arose presented distinct federalism concerns that were not addressed, much less clearly resolved, by the broadly framed due process principles he invoked. Given the lack of any relevant caselaw that placed the merits of his claims beyond debate, Shooter failed to carry his burden to show that the proceedings that led to his expulsion from the Arizona House violated clearly established law. 4 SHOOTER V. STATE OF ARIZONA
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