Proffitt v. County of Santa Barbara
Opinion of the Court
MEMORANDUM
Shane Proffitt, a probationary Long Beach, California patrol officer, appeals the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action against the County of Santa Barbara and Santa Barbara County Deputy Sheriff Sergeant Conn Abel. Proffitt’s suit alleges that Abel and his subordinate, Deputy Chris Dallenbach, violated Proffitt’s First, Fourth, and Fourteenth Amendment rights on the grounds of false arrest, excessive force, and conspiracy.
A. Proffitt’s Termination-Related Claims
The crux of Proffitt’s complaint is that Abel falsified his account of Proffitt’s conduct on the night he issued Proffitt the open container citation. According to Proffitt, Abel’s misrepresentations caused Proffitt to lose his position with the LBPD.
To prevail on his § 1983 action, Proffitt must demonstrate that Abel’s conduct both factually and proximately caused his termination. See Arnold v. IBM, 637 F.2d 1350, 1355 (9th Cir. 1981) (“The causation requirement of sections 1983 and 1985 is not satisfied by a showing of mere causation in fact. Rather, the plaintiff must establish proximate or legal causation.” (citation omitted)). It is on this point that Proffitt’s termination-related claims fail. The LBPD did not terminate Proffitt on the sole basis of Abel’s allegations, but only after conducting an internal investigation that included interviewing Proffitt, officers Abel and Dallenbach, and Proffitt’s three friends who claimed to witness the events in question. LBPD’s investigator concluded that Abel and Dallenbach gave the most credible and accurate account of what occurred during the December 2 stop. This account fully substantiated not only the open container violation but also the internal affairs charges. In contrast, Proffitt’s witnesses were not close enough to hear the verbal exchanges between Proffitt and the officers, did not actually hear the alleged exchange, and/or were not percipient to the relevant parts of the detention. Based on this independent investigation, the LBPD determined that the officers’ account of the events was true and
B. Proffitt’s Excessive Force Claim
In addition to his termination-related claims, Proffitt also alleges that Abel used excessive force when apprehending him for the container violation.
Accordingly, the district court’s order granting summary judgment to defendants is AFFIRMED.
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.
. Proffitt’s Complaint also alleged a second cause of action for unlawful custom and practice against Santa Barbara County. However, he subsequently abandoned that claim and it is not before this court.
. Proffitt’s suit does not name Deputy Dallenbach as a defendant.
. The facts of this case are well known to the parties and are repeated only as necessary to clarify our discussion.
. Even if Proffitt is correct that Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), does not bar his § 1983 cause of action, his claims fail for the reasons discussed above. We therefore do not decide whether Heck bars Proffitt’s claims.
. Because we find that no constitutional violation occurred, we need not inquire as to whether Abel is protected by qualified immunity. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) ("If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).
Reference
- Full Case Name
- Shane PROFFITT v. COUNTY OF SANTA BARBARA Santa Barbara County, Sheriffs Department Conn Abel, Sergeant 357, as a peace officer Conn Abel, individually
- Status
- Published