Campbell v. City of Northglenn, Colorado, The
1:16-cv-00651
D. Colo.May 15, 2017Background
- In 2012 Serena Campbell lived with Richard Jackson and his dog Adolf (later "Baby"); she moved out in Aug 2014 but continued caring for the dog.
- On Sept 11, 2014 Adolf bit a mail carrier; Northglenn police applied for an arrest warrant for Jackson; Adolf was taken into protective custody by the Adams County Animal Shelter and not released.
- Northglenn Municipal Court held a Feb 25, 2015 hearing, found Adolf vicious, and ordered the dog destroyed; Adams County District Court affirmed and the Colorado Supreme Court denied certiorari in April 2016.
- Campbell filed this federal suit in March 2016 asserting: (1) § 1983 Fourth and Fourteenth Amendment claims against Northglenn for an unlawful traffic stop/detention and deprivation of property without due process; (2) § 1983 Fourth and Fourteenth Amendment claims against Adams County for seizure of Adolf and lack of process; and (3) declaratory relief invalidating the municipal code/municipal court jurisdiction and seeking immediate release of Adolf.
- Defendants moved to dismiss; the court granted dismissal with prejudice, holding Campbell lacked standing to assert Fourth Amendment seizure claims to the dog, Monell and pleading defects barred the municipal liability claim for the traffic stop, and Rooker–Feldman precluded federal review of state court rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valid § 1983 claim against City for illegal traffic stop and detention | Campbell: Northglenn performed an illegal traffic stop, detained her at gunpoint without probable cause | City: Municipal liability requires a policy or final policymaker; cities don't themselves perform stops; pleading is insufficient under Monell | Dismissed — Monell/pleading failure; city not liable for officer conduct absent adequate municipal policy allegations |
| Fourth Amendment seizure claim re: Adolf against Adams County | Campbell: County/shelter unreasonably seized Adolf and deprived her of property without due process | County: Campbell disclaimed ownership in municipal court; seizure protections are personal and she lacks possessory interest | Dismissed — Campbell judicially estopped from claiming ownership; no Fourth Amendment standing to challenge seizure |
| Due process/declaratory relief overturning state-court order | Campbell: Municipal code and municipal court lacked jurisdiction; process was inadequate; Adolf must be released | Defendants: State-court determinations are final; federal court lacks authority to review state-judgment errors under Rooker–Feldman | Dismissed for lack of jurisdiction under Rooker–Feldman; federal court cannot review state-court judgment |
| Correct naming and Monell policy/official capacity pleading against BOCC/County | Campbell: Sued Adams County (alleging county/shelter responsibility and ratification) | County: Plaintiff misnamed Board of County Commissioners and failed to plead policy or final policymaker to impose municipal liability | Court agreed naming was incorrect and plaintiff failed to state viable Monell claim; dismissal with prejudice |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading must be plausible)
- Ashcroft v. Iqbal, 556 U.S. 662 (conclusory allegations insufficient)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability under § 1983 requires a policy or custom)
- Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 (Rooker–Feldman bars federal review of state-court judgments)
- United States v. Jacobsen, 466 U.S. 109 (definition of property "seizure")
- Rakas v. Illinois, 439 U.S. 128 (Fourth Amendment rights are personal)
- New Hampshire v. Maine, 532 U.S. 742 (judicial estoppel doctrine)
- Bradford v. Wiggins, 516 F.3d 1189 (10th Cir. application of judicial estoppel)