Chism v. Washington State
661 F.3d 380
| 9th Cir. | 2011Background
- Civil rights §1983 action arising from WSP investigation into Todd Chism for online child pornography; Gardner prepared affidavit and Sager reviewed; magistrate issued broad search warrant and Peters obtained arrest warrant; searches and arrests occurred but yielded no child pornography; district court granted summary judgment on qualified immunity for officers; Chisms appeal and argue judicial deception; majority reverses granting summary judgment; amended opinion and en banc procedures noted.
- Yahoo! tips identified two child pornography websites foel and qem with user accounts linked to Nicole Chism; IP addresses traced to Corn and Pleasant; accounts contained nonsensical identifying information; hosting fees paid by Chisms’ credit card; later investigations connected to Chisms but some IP data not traced.
- Investigators concluded probable cause based on Yahoo! hosting and credit card payments; January 2008 warrants issued, searches and Todd Chism arrest occurred; no pornography found; district court dismissed state-law claims.
- Chisms alleged deceptive statements and omissions in Gardner’s affidavit and Peters’ CPC; district court granted summary judgment to officers; on appeal, court held the deception claim survived and qualified immunity did not bar suit.
- Court analyzed whether false statements and omissions were material to probable cause and whether the deception violated Fourth Amendment; court applied Gourde framework to evaluate probable cause.
- Chisms’ claim seeking damages under §1983 proceeded to trial remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial deception violated Fourth Amendment. | Chisms showed deliberate falsehood or reckless disregard. | Officers acted in good faith; affidavit contained errors. | Yes; material deception supported violation. |
| Materiality of false statements/omissions to probable cause. | Corrections would not yield probable cause. | Omissions were immaterial or not fatal to probable cause. | Material; corrected affidavit would not sustain probable cause. |
| Qualified immunity for officers on judicial deception claim. | Rights clearly established; no immunity. | Qualified immunity should apply if reasonable officer would not know. | Not entitled to qualified immunity; right clearly established. |
| Arrest warrant based on CPC tainted by deception. | Deception affected arrest probable cause. | CPC disseminated information; independent basis for arrest exists. | Arrest CPC tainted; deceptive basis for arrest supports claim. |
| Probable cause for search warrants under Gourde framework. | Evidence linked Chisms to hosting two child-porn sites; link to home strong. | IP variations and third-party links undermine probable cause. | Probable cause existed under Gourde; search warrants supported. |
Key Cases Cited
- United States v. Gourde, 440 F.3d 1065 (9th Cir. 2006) (triad of solid facts supports probable cause in child pornography cases)
- Gates v. Illinois, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances standard for probable cause)
- Liston v. County of Riverside, 120 F.3d 965 (9th Cir. 1997) (substantial showing standard for judicial-deception claims at summary judgment)
- Branch v. Tunnell, 937 F.2d 1382 (9th Cir. 1991) (no reasonable officer would act dishonestly; no qualified immunity for deception)
- Hervey v. Estes, 65 F.3d 784 (9th Cir. 1995) (reckless disregard for truth can establish deception claim)
- Olson v. Tyler, 771 F.2d 277 (7th Cir. 1985) (context for recklessness and intent in false statements)
- Malley v. Briggs, 475 U.S. 335 (U.S. 1986) (negligence in affidavits does not bar probable cause if face shows probable cause)
- Ashcroft v. al-Kidd, 131 S. Ct. 2074 (U.S. 2011) (clearly established rights require that reasonable official know violation)