Sassen Vanelsoo v. Rogers et al
Filing
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ORDER signed by Judge Benjamin H. Settle granting 19 Motion for Summary Judgment and closing case.**5 PAGE(S), PRINT ALL**(Adrian Sassen Vanelsoo, Prisoner ID: 837829)(TG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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ADRIAN G. SASSEN VANELSLOO,
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Plaintiff,
v.
RONALD ROGERS, et al.,
Defendants.
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CASE NO. C16-5574 BHS
ORDER GRANTING
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT AND
REVOKING PLAINTIFF’S IN
FORMA PAUPERIS STATUS
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This matter comes before the Court on Defendants Susan German, Shirley
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Kennedy, Ronald Rogers, and Stephen Sutton’s (“Defendants”) motion for summary
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judgment (Dkt. 19). The Court has considered the pleadings filed in support of and in
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opposition to the motion and the remainder of the file and hereby grants the motion for
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the reasons stated herein.
I.
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PROCEDURAL HISTORY
On June 29, 2016, Plaintiff Adrian Sassen Vanelsloo (“Vanelsloo”) filed a motion
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to proceed in forma pauperis and a proposed civil rights complaint. Dkts. 1, 1-1. On
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July 19, 2016, Vanelsloo filed a first amended complaint alleging Defendants denied him
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written notice of a forfeiture proceeding, denied him a hearing, and unlawfully seized his
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property in violation of the Fourteenth Amendment of the Constitution. Dkt. 5.
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ORDER - 1
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On August 2, 2017, Defendants moved for summary judgment. Dkt. 19. On
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September 25, 2017, Vanelsloo responded. Dkt. 32. On September 29, 2017, Defendants
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replied. Dkt. 34.
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II. FACTUAL BACKGROUND
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On July 23, 2012, Officer Rodgers arrested Vanelsloo for driving under the
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influence. Dkt. 21, Declaration of Ronald Rogers, ¶¶ 2, 9. Incident to the arrest, Officer
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Rodgers seized a bag of narcotics and $695 in cash. Id. ¶¶ 11–12. When he returned to
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his office, Officer Rodgers submitted a request for seizure form for the cash. Id. ¶ 13.
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On July 24, 2012, Vanelsloo contacted Officers Kennedy and German to request a
hearing to contest the seizure of his cash. Dkt. 20-1 at 2 (request for admission #9).
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On August 6, 2012, Officer German mailed a letter to Vanelsloo informing him of
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the seizure and “that he had until September 20, 2012 to request a hearing or the currency
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would be deemed forfeited.” Dkt. 22, Declaration of Susan German, ¶ 3. Officer
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German sent the letter via the United States Postal Service to the address Vanelsloo
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provided to Officer Rodgers, which was the same address on his driver’s license. Id. ¶ 4.
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Officer German sent the letter via certified mail and with a return receipt requested. Id.
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A recipient signed for the letter at that address. Id. ¶ 6.
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On October 26, 2012, Officer German prepared a second letter to Vanelsloo
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informing him that, as a result of his failure to timely respond to the first letter, his cash
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would be forfeited. Id. She sent the letter to the same address via certified mail with a
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return receipt requested. Id. A recipient signed for the letter. Id.
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ORDER - 2
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On October 30, 2015, Officer German deemed the cash forfeited and transferred
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the funds in question to a fund for the State of Washington because she did not hear from
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Vanelsloo. Id. ¶ 9.
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On August 15, 2013, the state court dismissed the charges against Vanelsloo. As
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part of the dismissal, the court ordered that the cash be released to Vanelsloo’s mother.
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Dkt. 32 at 13.
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III. DISCUSSION
A.
Summary Judgment Standard
Summary judgment is proper only if the pleadings, the discovery and disclosure
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materials on file, and any affidavits show that there is no genuine issue as to any material
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fact and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c).
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The moving party is entitled to judgment as a matter of law when the nonmoving party
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fails to make a sufficient showing on an essential element of a claim in the case on which
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the nonmoving party has the burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317,
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323 (1986). There is no genuine issue of fact for trial where the record, taken as a whole,
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could not lead a rational trier of fact to find for the nonmoving party. Matsushita Elec.
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Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (nonmoving party must
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present specific, significant probative evidence, not simply “some metaphysical doubt”).
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See also Fed. R. Civ. P. 56(e). Conversely, a genuine dispute over a material fact exists
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if there is sufficient evidence supporting the claimed factual dispute, requiring a judge or
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jury to resolve the differing versions of the truth. Anderson v. Liberty Lobby, Inc., 477
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ORDER - 3
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U.S. 242, 253 (1986); T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d
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626, 630 (9th Cir. 1987).
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The determination of the existence of a material fact is often a close question. The
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Court must consider the substantive evidentiary burden that the nonmoving party must
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meet at trial – e.g., a preponderance of the evidence in most civil cases. Anderson, 477
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U.S. at 254; T.W. Elec. Serv., Inc., 809 F.2d at 630. The Court must resolve any factual
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issues of controversy in favor of the nonmoving party only when the facts specifically
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attested by that party contradict facts specifically attested by the moving party. The
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nonmoving party may not merely state that it will discredit the moving party’s evidence
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at trial, in the hopes that evidence can be developed at trial to support the claim. T.W.
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Elec. Serv., Inc., 809 F.2d at 630 (relying on Anderson, 477 U.S. at 255). Conclusory,
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nonspecific statements in affidavits are not sufficient, and missing facts will not be
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presumed. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888-89 (1990).
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B.
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Defendants’ motion
Defendants move for summary judgment arguing that Vanelsloo’s claims are
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barred by the statute of limitations, he failed to exhaust his administrative remedies, and
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Defendants are entitled to qualified immunity. Dkt. 19. The Court agrees on two of the
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three issues. First, the statute of limitations for a 42 U.S.C. § 1983 action is three years.
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Wilson v. Garcia, 471 U.S. 261, 276 (1985); RCW 4.16.080. Vanelsloo knew that his
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cash was seized pursuant to the arrest because he called the day after the arrest to inquire
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about the cash. Although Vanelsloo contends he didn’t know it was forfeited until after
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the state court ordered the cash to be released to his mother, he became aware of the
ORDER - 4
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forfeiture well within the statute of limitations. As such, he fails to show that any
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extraordinary circumstance stood in his way that prevented his filing of this action within
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the proper period. Therefore, the Court concludes that the statute of limitations has
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passed and Vanelsloo has failed to meet his burden to show that equitable tolling is
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appropriate in these circumstances.
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Second, the officers are entitled to qualified immunity. Vanelsloo has failed to
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show any clearly established law that any one of the officers violated. Although some
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allegations exist that Officer Rodgers violated Vanelsloo’s rights during the arrest, which
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led to the dismissal of the charges, Vanelsloo is only challenging the forfeiture
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proceeding. Regarding that proceeding, he fails to show that any officer knowingly
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violated a clearly established law. White v. Pauly, 137 S. Ct. 548, 551 (2017) (“immunity
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protects all but the plainly incompetent or those who knowingly violate the law.”).
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Therefore, even if the statute of limitations has not run, Defendants are entitled to
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qualified immunity.
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IV. ORDER
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Therefore, it is hereby ORDERED that Defendants’ motion for summary
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judgment (Dkt. 19) is GRANTED and Vanelsloo’s in forma pauperis status is
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REVOKED. The Clerk shall enter JUDGMENT for Defendants and close this case.
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Dated this 10th day of October, 2017.
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A
BENJAMIN H. SETTLE
United States District Judge
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ORDER - 5
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