HITOSHI YOSHIKAWA V. TROY SEGUIRANT, No. 21-15970 (9th Cir. 2022)
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Defendant determined that Plaintiff’s renovation of property violated local ordinances. Although he conceded the ordinance violation, Yoshikawa alleged that the enforcement action against him was motivated by racial animus, in violation of Section 1981. The Ninth Circuit affirmed the district court’s order denying the building inspector Defendant’s motion to dismiss, on the basis of qualified immunity.
The court held that, in addressing a qualified immunity claim in an action against an officer for an alleged violation of a constitutional right, the court first asks whether, taken in the light most favorable to the party asserting the injury, the facts alleged show that the officer’s conduct violated a constitutional right. If not, the complaint must be dismissed for failure to state a claim. Second, the court asks whether the constitutional or statutory right was clearly established, such that the officer had fair notice that his conduct was unlawful.
The court held that Plaintiff stated a Section 1981 damages claim against Defendant a state actor. Under Comcast Corp. v. Nat’l Ass’n Afr. Am.-Owned Media, 140 S. Ct. 1009 (2020), an allegation of discrimination on the basis of race is a but-for element of a claim brought under Section 1981. The court further held that Defendant’s alleged actions violated clearly established law because he was accused of intentional racial discrimination. The court found irrelevant to qualified immunity, at the motion to dismiss stage, the issue of the applicability of the McDonnell Douglas test, an evidentiary standard, for analyzing Section 1981 claims in non-employment cases.
Court Description: Civil Rights / Qualified Immunity. The panel affirmed the district court’s order denying building inspector Troy Seguirant’s motion to dismiss, on the basis of qualified immunity, a claim brought by Hitoshi Yoshikawa under 42 U.S.C. § 1981. Seguirant determined that Yoshikawa’s renovation of a property violated local ordinances. Although he conceded the ordinance violation, Yoshikawa alleged that the enforcement action against him was motivated by racial animus, in violation of § 1981. The panel held that, in addressing a qualified immunity claim in an action against an officer for an alleged violation of a constitutional right, the court first asks whether, taken in the light most favorable to the party asserting the injury, the facts alleged show that the officer’s conduct violated a constitutional right. If not, the complaint must be dismissed ** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. YOSHIKAWA V. SEGUIRANT 3 for failure to state a claim. Second, the court asks whether the constitutional or statutory right was clearly established, such that the officer had fair notice that his conduct was unlawful. The panel held that Yoshikawa stated a § 1981 damages claim against Seguirant, a state actor. Under Comcast Corp. v. Nat’l Ass’n Afr. Am.-Owned Media, 140 S. Ct. 1009 (2020), an allegation of discrimination on the basis of race is a but-for element of a claim brought under § 1981. Disagreeing with Seguirant’s contention that Yoshikawa’s undisputed violation of building regulations created an absolute defense to any claim of but-for causation, the panel explained that such a rule would mean that a plaintiff would lose on a § 1981 claim as long as the defendant provided some justification for the discriminatory act. The panel concluded that Yoshikawa’s allegations, if proven, established but-for causation, and he therefore stated a § 1981 claim. The panel further held that Seguirant’s alleged actions violated clearly established law because he was accused of intentional racial discrimination, a violation of a well- established Fourteenth Amendment right to be free from racial animus in public decisions. The panel found irrelevant to qualified immunity, at the motion to dismiss stage, the issue of the applicability of the McDonnell Douglas test, an evidentiary standard, for analyzing § 1981 claims in non- employment cases. 4 YOSHIKAWA V. SEGUIRANT
The court issued a subsequent related opinion or order on February 13, 2023.
The court issued a subsequent related opinion or order on July 25, 2023.
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