Fair v. King County
2:21-cv-01706
W.D. Wash.Oct 11, 2024Background
- Emanuel Fair sued King County and others after being charged with murder, spending nine years in pretrial detention, and ultimately being acquitted.
- Fair claims malicious prosecution under 42 U.S.C. § 1983 and state law, arguing that King County’s Most Dangerous Offenders Project (MDOP) created constitutional harms, especially due to alleged racial bias and prosecutors acting as de facto detectives.
- Additional claims include negligence, intentional infliction of emotional distress, inhumane jail conditions, and failure to provide adequate medical/mental healthcare while in King County Jail.
- King County moved to dismiss Fair’s Monell claims (Section 1983 liability for governmental entities), specifically arguing the complaint did not sufficiently allege a policy, custom, ratification, or failure to train to support municipal liability.
- The case is at the motion to dismiss stage, with the Court required to accept all well-pled facts as true.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Monell Claim (Policy) | MDOP policy caused biased investigation and was the moving force for violation | No policy/custom shown; no other instances pled; only individualized | Dismissed—no other examples; conclusory linkage |
| Ratification by Final Policymaker | Satterberg/Baird ratified all acts causing harm | No facts pled showing actual ratification, knowledge, or approval | Dismissed—conclusory, no factual support |
| Failure to Train | Lack of training on unbiased investigation led to obvious constitutional harm | No pattern of violations/alleged facts to show deliberate indifference | Not dismissed—plausibly pled given obvious risks |
| Monell Claim—Jail Conditions | DAJD had policies/customs leading to unconstitutional confinement conditions | Claim should be dismissed; allegations are conclusory | Not dismissed—untimely motion barred by Rule 12(g) |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs. of N.Y.C., 436 U.S. 658 (local governments are not liable under § 1983 on a respondeat superior theory; Monell liability theories)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standards for plausibility in federal court)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleadings must contain factual matter showing claim is plausible)
- City of Canton v. Harris, 489 U.S. 378 (municipal liability for failure to train under § 1983)
- Livid Holdings Ltd. v. Salomon Smith Barney, Inc., 416 F.3d 940 (standard for 12(b)(6) motion to dismiss)
- Ulrich v. City & Cnty. of San Francisco, 308 F.3d 968 (municipal liability requires involvement of final policymaker)
- Menotti v. City of Seattle, 409 F.3d 1113 (four theories of municipal liability under Monell)
- Wyler Summit P’ship v. Turner Broad. Sys., Inc., 135 F.3d 658 (court must take all facts in light most favorable to plaintiff at 12(b)(6))