Deen v. Corning City
Deen v. Corning City
Opinion of the Court
MEMORANDUM
1. The district court did not err in concluding that Officer Jellison was entitled to qualified immunity. Deen failed to “establish both a substantial showing of the deliberate falsity or reckless disregard of the truth of the statements in [Jellison’s report and affidavit] and the materiality of
Jellison’s romantic involvement with Shatswell and the District Attorney’s subsequent dismissal of all charges against Deen did not transform a proper complaint supported by probable cause into one that was not.
2. Because Deen failed to create any genuine issue of material fact that his constitutional rights were violated, the district court did not err in granting summary judgment in favor of Corning City and its police department. See 42 U.S.C. § 1983 (requiring some “deprivation of ... rights, privileges, or immunities secured by the Constitution and laws” to state a cause of action). Absent any showing that some constitutional “injury [was] inflicted,” Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), we need not decide whether there existed a “longstanding practice or custom” or sufficient “final policymak[er]” involvement to give rise to municipal liability under Monell. Christie v. Iopa, 176 F.3d 1231, 1235 (9th Cir. 1999).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit eexcept as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.