Katherine Whitney v. City of Tacoma
20-35106
| 9th Cir. | Oct 18, 2021Background
- Whitney sued under 42 U.S.C. § 1983 alleging Fourth, Fifth, and Fourteenth Amendment violations after a referral to housing where she was assaulted and subsequent alleged failures to protect or rehouse her.
- Defendants included the City of Tacoma; DSHS Secretary Cheryl Strange; Pierce County officials (Sheriff Paul Pastor, Deputy Darryl Shuey, Social Services Specialist Jeffrey Rodgers); and Share & Care House employees Charlene Hamblen, Taffi Wheeldon, and Misty Fitzsimmons.
- Share & Care House is a private nonprofit that contracts with DSHS to administer rental assistance programs; Whitney received assistance through that program.
- The district court dismissed all § 1983 claims for failure to allege state action, supervisory conduct, or a cognizable constitutional violation, and denied leave to amend.
- On appeal the Ninth Circuit affirmed, holding plaintiffs’ allegations either failed to plead conduct under color of state law, alleged only negligence, or invoked no recognized due-process duty to protect.
Issues
| Issue | Whitney's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Municipal liability (City of Tacoma) | City responsible for constitutional deprivation | No facts alleged showing municipal policy or custom causing violation | Dismissed — no allegations against the City; municipal claim fails |
| Supervisory/official-capacity liability (Strange) | Strange liable for actions of subordinates and program administration | Only individual acts can ground § 1983 liability; state official immune in official capacity | Dismissed — no allegations of Strange's personal conduct; official-capacity immunity applies |
| County officers (Pastor, Rodgers, Shuey) | Sheriff/Deputies failed to protect Whitney from roommate assault | No constitutional duty to protect from private actors; no special-relationship or state-created-danger facts | Dismissed — Pastor and Rodgers not alleged to act; Shuey no duty to protect and no applicable exception |
| Private contractors (Hamblen, Wheeldon, Fitzsimmons) | Referral and failure to rehouse amounted to constitutional deprivation | Share & Care is private; conduct not coerced or encouraged by state; allegations amount to negligence | Dismissed — private actors not state actors and allegations allege negligence, not a § 1983 violation |
| Leave to amend | Amended complaint would cure defects | Further amendment is futile because allegations cannot state a constitutional claim | Denied — amendment futile; dismissal affirmed |
Key Cases Cited
- Pistor v. Garcia, 791 F.3d 1104 (9th Cir. 2015) (elements required to state a § 1983 claim)
- Oviatt v. Pearce, 954 F.2d 1470 (9th Cir. 1992) (municipal liability standards)
- City of Canton v. Harris, 489 U.S. 378 (1989) (municipal deliberate indifference and policy as moving force)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (state officials immune from damages in official capacity suits)
- Jones v. Williams, 297 F.3d 930 (9th Cir. 2002) (supervisory liability requires individual actions)
- DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189 (1989) (no general due-process duty to protect from private actors)
- Patel v. Kent Sch. Dist., 648 F.3d 965 (9th Cir. 2011) (explaining special-relationship and state-created-danger exceptions)
- Pasadena Republican Club v. W. Justice Ctr., 985 F.3d 1161 (9th Cir. 2021) (distinguishing private actors from state action)
- OSU Student Alliance v. Ray, 699 F.3d 1053 (9th Cir. 2012) (negligent omissions are not due-process violations)
- Daniels v. Williams, 474 U.S. 327 (1986) (negligence does not give rise to a constitutional claim)