649 F. App'x 539
9th Cir.2016Background
- Parver was removed from a JetBlue flight at the gate after crew alerted LVMPD that she interfered with safety, might be intoxicated, took photos of sensitive areas, and disobeyed crew. Facts are viewed in the light most favorable to Parver on summary judgment.
- Dispute whether removal was an arrest on the plane or an investigative stop; Parver alleges she was handcuffed and falsely reported by a flight attendant who sought to prevent a YouTube video post.
- Parver sued LVMPD officers, the LVMPD, and JetBlue under 42 U.S.C. § 1983 and Nevada tort law (false arrest, false imprisonment, negligence, civil conspiracy), claiming unlawful arrest, excessive force, municipal liability, and that JetBlue instigated the arrest.
- District court granted summary judgment for LVMPD, its officers, and JetBlue; on appeal Ninth Circuit affirmed most rulings but reversed in part as to JetBlue on state false arrest/false imprisonment claims and remanded.
- The panel held LVMPD officers entitled to qualified immunity because, given the JetBlue alert and crew identifications, a reasonable officer could have believed removal was justified; municipal liability and excessive force claims lacked sufficient evidence.
- The court concluded federal aviation law did not field-preempt Parver’s Nevada false arrest/false imprisonment claims; triable issues remain whether JetBlue caused or instigated an unlawful arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of removal/arrest by LVMPD & qualified immunity | Parver: removal was an unlawful arrest (handcuffed) | LVMPD: officers reasonably relied on JetBlue crew report and had probable cause/justification; qualified immunity applies | Court: affirmed qualified immunity — reasonable officer could believe removal justified given crew alert |
| Excessive force and Monell municipal liability | Parver: officers used excessive force; LVMPD has policy/custom liability | Defendants: insufficient evidence of excessive force or municipal policy causing violation | Court: affirmed — insufficient evidence for both claims |
| § 1983 joint state action liability for JetBlue | Parver: JetBlue acted with police, thus joint state actor | JetBlue: merely alerted police and pointed out Parver; no interdependence or joint action | Court: affirmed — no triable issue of joint state action |
| Nevada false arrest/false imprisonment and FAA preemption; causation re: JetBlue | Parver: JetBlue’s false reporting/pressure instigated unlawful arrest; state claims not preempted | JetBlue: claims preempted by FAA/regulations and no causation as police acted independently | Court: reversed in part — state false arrest/imprisonment claims not field-preempted and present triable causation issues as to JetBlue; remanded |
Key Cases Cited
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework)
- Burrell v. McIlroy, 464 F.3d 853 (9th Cir. 2006) (probable cause/qualified immunity analysis)
- Illinois v. Gates, 462 U.S. 213 (probable cause/totality-of-the-circumstances)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability under § 1983)
- Gilstrap v. United Air Lines, Inc., 709 F.3d 995 (FAA does not broadly preempt passenger tort suits)