Linda Clifford v. David Clark
692 F. App'x 405
| 9th Cir. | 2017Background
- Placer County Deputy Sheriff David Clark moved for summary judgment based on qualified immunity after a deadly-force incident; the district court denied the motion in part and later denied Clark’s motion for reconsideration.
- Clark timely appealed the denial of reconsideration and intended that to serve also as an appeal of the underlying summary-judgment denial.
- The district court applied Ninth Circuit deadly-force precedent (Scott v. Henrich and Gonzalez v. City of Anaheim) and closely examined the record for internal inconsistencies and circumstantial evidence that could discredit the officer’s account.
- The district court concluded there were significant factual disputes and inconsistencies in Clark’s testimony that could allow a jury to discredit his version of events.
- Clark’s only challenge on appeal was that the district court erred in its application of the Scott/related standard and in finding genuine factual disputes.
- The Ninth Circuit held it lacked jurisdiction to review the district court’s factual-genuineness determination on interlocutory appeal and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clark’s notice of appeal from denial of reconsideration also appeals denial of summary judgment | N/A (issue concerns appealability; appellee not prejudiced) | Clark contends his timely notice should be construed to appeal underlying denial | Court construed the notice as also appealing the summary-judgment denial; appealability question resolved in Clark’s favor |
| Whether the denial of summary judgment on qualified immunity is immediately appealable | Plaintiff argues the district court correctly found genuine factual disputes, making interlocutory review improper | Clark argues denial based on the court’s application of Scott was reviewable and erroneous | Court: Qualified-immunity denials can be appealed, but not when the district court’s decision rests on genuine factual disputes; those determinations are categorically unreviewable on interlocutory appeal |
| Whether the district court properly applied Scott v. Henrich (review of officer’s account for inconsistencies) | Plaintiff (respondent) maintains the court correctly scrutinized Clark’s account and found inconsistencies supporting denial | Clark argues the court misapplied Scott and wrongly found credibility-invoking inconsistencies | Court: Could not resolve this factual-genuineness dispute on interlocutory appeal; thus lacks jurisdiction to review Clark’s challenge |
| Whether Clark is entitled to qualified immunity as a matter of law assuming facts in plaintiff’s favor | Plaintiff contends facts preclude summary judgment for Clark | Clark contends that even accepting plaintiff’s view he would still be entitled to immunity | Court: On interlocutory appeal, review is limited to legal entitlement assuming plaintiff’s facts; but because district court found genuine disputes of material fact under Scott, the Ninth Circuit cannot review those factual determinations and dismissed the appeal |
Key Cases Cited
- Lolli v. Cty. of Orange, 351 F.3d 410 (9th Cir. 2003) (construction of notice of appeal to cover underlying order when intent is clear)
- Pauluk v. Savage, 836 F.3d 1117 (9th Cir. 2016) (interlocutory appeals allowed for qualified-immunity denials)
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (qualified immunity interlocutory appeal doctrine)
- Karl v. City of Mountlake Terrace, 678 F.3d 1062 (9th Cir. 2012) (interlocutory review assumes plaintiff’s factual version for legal-qualified-immunity analysis)
- George v. Morris, 736 F.3d 829 (9th Cir. 2013) (district-court findings that genuine factual disputes exist are categorically unreviewable on interlocutory appeal)
- Eng v. Cooley, 552 F.3d 1062 (9th Cir. 2009) (limits on interlocutory review where credibility or factual-genuineness is at issue)
- Gonzalez v. City of Anaheim, 747 F.3d 789 (9th Cir. 2014) (en banc) (requires careful examination of record to detect inconsistencies in officer’s account in deadly-force cases)
- Scott v. Henrich, 39 F.3d 912 (9th Cir. 1994) (framework for assessing whether circumstantial evidence can discredit an officer’s story)