Wittman v. Saenz
Opinion of the Court
MEMORANDUM
Appellant Charles Wittman appeals the district court’s dismissal of his complaint (“Complaint”) against twenty-nine state and local government employees and agencies under Rules 12(b)(1) and 12(b)(6).
The district court entered two orders in this case. In the first order, the district court dismissed Wittmaris claims against Judge Edwards and Commissioner McCarthy on the ground that they enjoyed absolute judicial immunity. It also dismissed Wittmaris challenges to the juvenile dependency proceedings because it held that Wittman lacked standing to challenge the juvenile court’s determination that he was not entitled to de facto parental status. In the second order, the court dismissed all of Wittmaris remaining claims. In dismissing Wittmaris claims, the district court held that Wittman failed to state a claim for relief under Rule 12(b)(6) because he had not alleged a constitutional right to associate with the Mah children. The court did not, however, address whether Wittman had alleged a constitutional right to associate with his fiancé, Kelly Lynn Mah.
I.
We review de novo the district court’s dismissal of Wittmaris complaint. Kirtley v. Rainey, 326 F.3d 1088, 1092 (9th Cir. 2003). As a preliminary matter, we conclude that Wittman alleged sufficient facts to state a claim that the individual defendants violated his First Amendment right to freely associate with his fiancé. See Freeman v. City of Santa Ana, 68 F.3d 1180, 1188 (9th Cir. 1995) (“The First Amendment, while not expressly containing a ‘right of association,’ does protect ‘certain intimate human relationships,’ as well as the right to associate for the purposes of engaging in those expressive activities otherwise protected by the Constitution.”) (quoting Roberts v. United States Jaycees, 468 U.S. 609, 617-18, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984)). The First Amendment right of association “protects those relationships, including family relationships, that presuppose ‘deep attachments and commitments to the necessarily few other individuals with whom one shares not only a special community of beliefs but also distinctly personal aspects of one’s life.’ ” Bd. of Directors of Rotary
II.
The California Department of Social Services, the Superior Court of California, and the individual State defendants,
We also agree with the district court that Judge Edwards and Commissioner McCarthy enjoy absolute judicial immunity from Wittman’s suit for damages. See Crooks v. Maynard, 913 F.2d 699, 700 (9th Cir. 1990). The factual allegations make clear that the alleged liability of these judicial officers stems from actions undertaken in connection with their judicial duties and thus, these defendants enjoy absolute immunity. See id.
Moreover, we affirm the district court’s dismissal of Wittman’s claim for injunctive relief against both Judge Edwards and Commissioner McCarthy because Wittman failed to state a claim that Commissioner McCarthy denied him his fundamental right to access the courts by precluding him from Jason’s
III.
Wittman also sued several local government agencies and employees, in their individual and official capacities, including the Santa Clara County Social Services Agency and its department, the Child Protective Services, the Santa Clara County Board of Supervisors and individual members of the Board, the former and current directors of the Santa Clara County Department of Family and Children’s Services, several social worker supervisors, and social workers.
A.
The County Board members
Although, as noted above, Wittman has alleged a violation of his First Amendment right to freely associate with his flaneé, that right was not clearly established such that a reasonable board member would have known that his or her alleged acts and omissions would violate Wittman’s right to freely associate with his flaneé. See Jeffers v. Gomez, 267 F.3d 865, 910 (9th Cir. 2001). Therefore, the individual Board members are entitled to qualified immunity.
We also hold that County counsel
Finally, we agree that the social worker supervisors and social workers
B.
Wittman also asked for injunctive relief against the State and County employees,
The district court did not decide whether Wittman was entitled to injunctive relief because it found that Wittman had otherwise failed to state a claim for which relief could be granted. However, because the district court erred in dismissing Witt-man’s Complaint for failure to state a claim, we remand to the district court so that it can determine whether Wittman is entitled to injunctive relief against any of the State and County individual defendants and agencies.
IV.
Wittman also sued the County of Santa Clara. However, because the district court dismissed his complaint under Rule 12(b)(6), it did not consider whether Witt-man may maintain his action against the County under Monell v. Dep’t of Social Services of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). We remand this claim to the district court so that it may determine in the first instance whether Wittman may seek damages and/or injunctive relief against the County under a Monell theory of liability.
V.
Wittman also raised numerous other “questions” but failed to address them in his brief with some argument as to why the district court’s ruling on these issues should be reversed. Issues raised in a brief that are not supported by argument are deemed abandoned. See Independent Towers of Wash. v. State of Washington, 350 F.3d 925, 929 (9th Cir. 2003). We therefore deem Wittman’s additional “questions” abandoned and do not address them.
Accordingly, the district court’s dismissal of Wittman’s Complaint is AFFIRMED IN PART, REVERSED IN PART AND REMANDED. Each party shall bear its own costs on appeal
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Because the parties are familiar with the facts, we do not recite them here except as necessary to aid in understanding this disposition.
. Defendants Rita Saenz, Peter Castillo, Larry Bolton, Del Sayles-Owen, Nancy Stone, Jack Wright and Greta Gross.
. Although Wittman also sued some State employees in their individual capacities, we agree with the district court that the factual allegations in Wittman's Complaint make it clear that the alleged liability of the State defendants occurred within the scope of their official duties. Thus, as state agents, they are entitled to Eleventh Amendment immunity. See Zolin, 812 F.2d at 1110.
. Jason is one Kelly Mah's children. Witt-man is not related to Jason.
. We cannot review the Superior Court’s determination of Wittman’s parental rights or custodial privileges. See Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 1315-16, 75 L.Ed.2d 206 (1983). See also Noel v. Hall, 341 F.3d 1148, 1154-56 (9th Cir. 2003).
. Defendants Donald F. Gage, Jack T. Beall, Blanca Alvarado, Pete McHugh, Liz Kniss.
. Defendants Ann Miller Ravel and Karen E. Heggie.
. Defendants Will Lightboume, Yolanda Rinaldo, Leroy Martin, Gene Plainer, Linda Castald, Suzanne Jarrouj, Patricia Guesick, Kathleen Dudley, and Barbara Eddy.
Reference
- Full Case Name
- Charles H. WITTMAN, III, Personally, Charles H. Wittman III for the Wittman Family, Plaintiff—Appellant v. Rita SAENZ, California Department of Social Services (CDSS) Larry Bolton Del Sayles-Owen Nancy Stone Jack Wright Greta Gross Peter Castillo, Social Services Attorney Santa Clara County, Their Board of Supervisors James T. Beall, Jr., supervisor Donald F. Gage, supervisor Blanca Alvarado, supervisor Pete McHugh, supervisor Liz Kniss, supervisor Santa Clara County Department of Social Services Will Lightbourne Yolanda Rinaldo Leroy Martin, Director of family and children services Gene Platner Linda Castald Suzanne Jarrouj Patricia Guesick Kathleen Dudley Barbara Eddy Superior for the State of California Santa Clara County Juvenile Hall Len P. Edwards Ann Ravel Miller Karen E. Heggie Kristine McCarthy California Department of Social Services, Defendants—Appellees
- Cited By
- 4 cases
- Status
- Published