Leland Wheeler v. City of Santa Clara
894 F.3d 1046
| 9th Cir. | 2018Background
- Deborah Colbert called 911, threatened self-harm and to provoke police; officers shot her and she died from injuries.
- Leland Wheeler is Colbert’s biological son who was surrendered for adoption as an infant; he alleges periodic contact and a close relationship in parts of his life.
- Wheeler sued individually and purportedly on behalf of Colbert under 42 U.S.C. § 1983 (Fourth and Fourteenth Amendment claims), and on Colbert’s behalf under the ADA and Rehabilitation Act; no personal representative of Colbert’s estate had been appointed and her estate was not probated.
- The district court dismissed all claims: (1) Wheeler was not a proper successor-in-interest under California’s survival statutes and thus could not press § 1983 claims on Colbert’s behalf; (2) federal common law did not permit him to bring ADA/RA survival claims as a non-representative; (3) Wheeler lacked a Fourteenth Amendment loss-of-companionship interest because adoption severed the legal parent-child relationship as pleaded; and (4) leave to amend was denied as futile.
- On appeal the Ninth Circuit affirmed: California’s survivorship law applies to § 1983 claims; § 1988(a) does not extend to ADA/RA so federal common law governs survivorship for those statutes but does not authorize Wheeler (a non-representative) to sue; and Wheeler failed to plead the kind of enduring parent–child relationship required for a constitutional loss-of-companionship claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether California's survival statute is inconsistent with § 1983 and thus precluded | Wheeler: Applying CA survivorship abating claims undermines § 1983's deterrence/compensation when the violation caused death | City: § 1988 directs courts to apply state survivorship law unless inconsistent with federal law or policy | Held: CA survivorship is consistent with § 1983 and controls (Robertson governs) |
| Whether § 1988(a) applies to ADA and Rehabilitation Act survivorship | Wheeler: § 1988 should apply or federal common law should allow survival of remedial ADA/RA claims | City: § 1988's text limits its scope; if § 1988 doesn't apply, federal common law governs and does not enlarge plaintiffs | Held: § 1988(a) does not cover ADA/RA; federal common law applies and remedial ADA/RA claims may survive, but only proper plaintiffs may bring them |
| Whether Wheeler may prosecute surviving ADA/RA and § 1983 claims on Colbert’s behalf though not a personal representative or successor-in-interest | Wheeler: He should be allowed (or allow relation-back / substitution of future personal representative) | City: Wheeler is neither personal representative nor successor-in-interest; no placeholder John Doe suffices; statute of limitations and relation-back bar substitution | Held: Wheeler cannot assert survivorship claims for Colbert because he lacks statutory representative status; amendment futile due to timing |
| Whether Wheeler has a Fourteenth Amendment loss-of-companionship right as an adopted-out biological child | Wheeler: Biological parent–child bond and modern family structures can support a constitutional companionship interest | City: Adoption severed the legal parent–child relationship as pleaded; Fourteenth Amendment protection requires an enduring caregiving/association relationship | Held: Wheeler failed to allege the necessary parental relationship (no sustained custodial/parenting role); claim fails (decision limited to facts pleaded) |
Key Cases Cited
- Robertson v. Wegmann, 436 U.S. 584 (state survivorship law may govern § 1983 actions)
- Carlson v. Green, 446 U.S. 14 (Bivens survival; distinguishes Robertson)
- Lehr v. Robertson, 463 U.S. 248 (biological link alone does not guarantee Fourteenth Amendment parental rights)
- Monell v. Dep’t of Soc. Servs. of New York, 436 U.S. 658 (municipal liability under § 1983)
- Ex parte Schreiber, 110 U.S. 76 (federal common-law survivability: penal actions do not survive)
- United States v. Kimbell Foods, 440 U.S. 715 (federal common-law choice: policy considerations inform uniform federal rules)
- Stanley v. Illinois, 405 U.S. 645 (parental liberty interest in children who are raised)
- Hayes v. County of San Diego, 736 F.3d 1223 (9th Cir.) (survivorship/standing under state law in § 1983 cases)
- Moreland v. Las Vegas Metropolitan Police Dept., 159 F.3d 365 (9th Cir.) (plaintiffs bear burden to show state law authorizes survivorship claims)