Christopher Alexander v. City of Mesa
697 F. App'x 512
| 9th Cir. | 2017Background
- Christopher Alexander appealed dismissal of claims against City of Mesa, Brian Truchon, Jeffrey Jacobs, and the United States after a prior district-court proceeding.
- Alexander alleged §1983 claims against the City, intentional infliction of emotional distress (IIED) against the City and the United States, and malicious prosecution claims against Truchon and Jacobs.
- The district court had previously dismissed Alexander’s §1983 claims against the City with prejudice.
- Alexander’s conviction was overturned on December 21, 2010; he first filed suit in 2012, voluntarily dismissed that action, and refiled in 2014.
- The United States Attorney certified Jacobs was acting as an FBI (federal) employee at the time of the alleged misconduct, creating a presumption of federal employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1983 claims against City could proceed | Alexander sought to relitigate §1983 claims against City | City relied on earlier dismissal with prejudice (res judicata) | Dismissed: res judicata bars relitigation |
| Whether IIED claim against City and U.S. is timely | IIED based on conduct discovered when conviction overturned | City and U.S. asserted Arizona statutes of limitations (one- or two-year limits) and delay | Dismissed: claim time-barred (limitations ran; suit filed too late) |
| Whether Truchon liable for malicious prosecution (Bivens) | Alexander alleged Truchon responsible for prosecution misconduct | Truchon argued no personal involvement or direct actions; cannot be vicariously liable | Dismissed: failure to plead Truchon’s personal involvement |
| Whether Jacobs liable under §1983 for malicious prosecution | Alexander alleged Jacobs (City employee) acted under color of state law | U.S. Attorney certified Jacobs was a federal employee acting for FBI; presumption of federal status unrebutted | Dismissed: plaintiff failed to rebut presumption; no §1983 liability |
Key Cases Cited
- Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394 (final judgment precludes relitigation of claims or issues)
- Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (recognizing damages action for constitutional violations by federal agents)
- Ashcroft v. Iqbal, 556 U.S. 662 (supervisory liability requires pleaded factual plausibility of personal involvement)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard governs complaints)
AFFIRMED.