588 F. App'x 623
9th Cir.2014Background
- Plaintiffs allege a conspiratorial fabrication of evidence by Officers Lavelle and Krogman to convict them of attempted murder, in violation of 42 U.S.C. § 1983.
- District court granted summary judgment for defendants; plaintiffs appeal the grant of summary judgment.
- Evidence presented is circumstantial: photographs at 9:34 PM and 9:50 PM allegedly show a knife blade next to cigarettes only at 9:50 PM.
- Plaintiffs contend the knife blade was intact and stored in a motor home drawer before and during the incident.
- Officers Lavelle and Krogman allegedly had access to DNA evidence (Arzola’s DNA) and Krogman allegedly was alone in the motor home.
- Plaintiffs contend Lavelle’s statements and actions were designed to corroborate Krogman’s planted evidence and to coerce a false narrative.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circumstantial evidence supports a conspiracy | Pelenty and Pelensky show a meeting of the minds. | No sufficient showing of agreement; evidence insufficient to infer conspiracy. | Triable issue of fact exists; conspiracy could be inferred. |
| Whether summary judgment was appropriate given remaining facts | There are genuine disputes about material facts. | No genuine issues; evidence favors defendants. | District court erred; judgment reversed and remanded. |
| Whether Lavelle and Krogman’s corroboration alone creates an inference of conspiracy | Corroboration of one officer can support conspiracy evidence. | Corroboration alone does not prove conspiracy. | Corroboration not dispositive; context supports potential conspiracy. |
Key Cases Cited
- Mendocino Environmental Center v. Mendocino County, 192 F.3d 1283 (9th Cir. 1999) (circumstantial evidence can support a conspiracy claim)
- Ting v. United States, 927 F.2d 1504 (9th Cir. 1991) (elements of §1983 conspiracy require agreement and deprivation)
- Flint v. Dennison, 488 F.3d 816 (9th Cir. 2007) (de novo review of district court’s summary judgment standard)
- Grenning v. Miller-Stout, 739 F.3d 1235 (9th Cir. 2014) (summary judgment standard: evidence viewed in light most favorable)
- Devereaux v. Abbey, 263 F.3d 1070 (9th Cir. 2001) (fabricating evidence violates Fourth and Fourteenth Amendments (en banc))