Martinez v. City of Clovis, et al.

Filing 210

ORDER signed by District Judge John A. Mendez on 1/10/2022 GRANTING 206 Motion for Summary Judgment; VACATING the hearing on said motion set for 1/11/2022. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DESIREE MARTINEZ,

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No.

2:15-cv-00683-JAM

Plaintiff,
v.

ORDER GRANTING DEFENDANT HIGH’S
MOTION FOR SUMMARY JUDGMENT

KYLE PENNINGTON, et al.,

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Defendant.

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Before this Court is Defendant Channon High’s motion for

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summary judgment on Plaintiff’s § 1983 claim for violation of due

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process, the sole remaining claim against her.

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Summary J., (“Mot.”), ECF No. 206.

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the facts and posture of this case, so the Court does not repeat

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them here.

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Def.’s Mot. for

The parties are familiar with

Despite Plaintiff’s objections, the Court finds the motion

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to be procedurally proper.

See Opp’n at 7.

Defendant was under

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no obligation to appeal this Court’s previous denial of summary

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judgment on the issue of qualified immunity and the defense would

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be available to her at trial.

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Angeles, CV 15-03759-BRO (RAOx), 2017 WL 10543403, at *6 (C.D.

See Arrington v. City of Los

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Cal. June 30, 2017) (noting both the Supreme Court and Ninth

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Circuit have recognized that qualified immunity may be decided at

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trial).

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importance of resolving immunity questions at the earliest

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possible stage in litigation.”

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223, 232 (2009) (internal quotation marks and citation omitted).

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This is because an officer should be permitted to avoid the

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expense and burden of trial if her conduct is protected by the

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doctrine.

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The Supreme Court has repeatedly “stressed the

Pearson v. Callahan, 555 U.S.

See Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).

Accordingly, the Court may resolve the issue now.
In light of the Ninth Circuit’s recent decision in this

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case, see Martinez v. City of Clovis, 943 F.3d 1260 (9th Cir.

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2019), the Court finds Defendant is entitled to qualified

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immunity as it was not clearly established in 2013 that

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Defendant’s conduct violated due process.

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relied on Okin v. Vill. of Cornwall-on-Hudson Police Dep’t, 577

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F.3d 415 (2d Cir. 2009) in denying Defendant’s motion for summary

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judgment on qualified immunity.

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Martinez found that Okin could not be relied upon as it had not

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been embraced by a consensus of courts.

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Plaintiff’s reliance on Kennedy v. Ridgefield City, 439 F.3d 1055

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(9th Cir. 2006) is also unpersuasive as it is factually

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distinguishable and existed when the Ninth Circuit decided

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Martinez.

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cases, Opp’n at 17, do not advance her theory that it was clearly

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established that Defendant’s conduct violated due process.

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This Court previously

However, the Ninth Circuit in

943 F.3d at 1276.

Likewise, Plaintiff’s citations to equal protection

The Court finds Plaintiff has failed to demonstrate
Defendant’s conduct violated clearly established law at the time
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of her conduct.

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(9th Cir. 1991) (“The plaintiff bears the burden of proof that

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the right allegedly violated was clearly established at the time

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of the alleged misconduct.”).

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High is entitled to qualified immunity and her request for

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summary judgment is GRANTED.

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2022 is hereby vacated.

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See Romero v. Kitsap Cnty., 931 F.2d 624, 627

Accordingly, Defendant Channon

The hearing set for January 11,

IT IS SO ORDERED.
Dated: January 10, 2022

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