Marino Scafidi v. Lvmpd
966 F.3d 960
9th Cir.2020Background
- Marino Scafidi was criminally charged with three counts of sexual assault; evidence was later suppressed and prosecutors dismissed all charges.
- Scafidi sued under 42 U.S.C. § 1983 and Nevada tort law against LVMPD, several officers, a crime-scene investigator, and the examining nurse.
- He alleged police misconduct: staging a crime‑scene photo (moving his pills), misrepresenting sexual‑assault exam results in a warrant affidavit, threatening him for asserting rights, and making racial slurs.
- The district court granted summary judgment: it held the preliminary‑hearing probable‑cause finding precluded relitigation, barred LVMPD state claims for failure to present an administrative claim, and found individual officers entitled to discretionary‑act immunity.
- The Ninth Circuit affirmed summary judgment for LVMPD on state claims, but reversed and remanded as to Scafidi’s § 1983 claims and state claims against individual officers, finding genuine disputes about bad faith and that Nevada law (Jordan) does not make preliminary‑hearing probable cause conclusive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a preliminary‑hearing probable‑cause finding precludes relitigation of probable cause in a later § 1983 or tort suit | Jordan and Awabdy permit relitigation where plaintiff shows fabricated evidence, false testimony, or suppressed facts; Scafidi alleged such misconduct | Relying on Ninth Circuit precedent (Haupt), defendants argued collateral estoppel bars relitigation | Court: Jordan controls; preliminary‑hearing finding is only prima facie and does not preclude relitigation where fabricated evidence/bad faith is alleged — reversed district court on § 1983 claims |
| Whether Scafidi’s state‑law claims against LVMPD are barred for failure to comply with Nevada’s presentment statute (Nev. Rev. Stat. § 41.036(2)) | Scafidi argued the statute is invalid under Turner but did not raise that argument below | LVMPD argued failure to present an administrative claim bars suit | Court: Affirmed dismissal of LVMPD state claims for failure to present; declined to consider Turner argument raised first on appeal |
| Whether individual officers are immune from state‑law tort claims under Nevada’s discretionary‑act immunity (Nev. Rev. Stat. § 41.032) | Scafidi alleged intentional misconduct (staging evidence, false affidavit, threats, racial epithets) showing bad faith, which removes immunity | Defendants argued arrest/prosecution decisions are discretionary and thus immune | Court: Reversed district court as to individual officers — factual disputes about bad faith preclude summary judgment on immunity |
| Whether summary judgment was appropriate overall on federal and state claims | Scafidi argued material disputes, especially about fabricated evidence and bad faith, precluded summary judgment | Defendants argued preclusion and statutory immunity entitled them to judgment as a matter of law | Court: Affirmed in part (LVMPD state claims); reversed in part and remanded for disputed claims against individuals and § 1983 claims |
Key Cases Cited
- Jordan v. State ex rel. Dep’t of Motor Vehicles & Pub. Safety, 110 P.3d 30 (Nev. 2005) (preliminary‑hearing probable cause is prima facie only; can be rebutted by false testimony or suppressed facts)
- Haupt v. Dillard, 17 F.3d 285 (9th Cir. 1994) (earlier Ninth Circuit panel held preliminary‑hearing probable cause preclusive)
- Awabdy v. City of Adelanto, 368 F.3d 1062 (9th Cir. 2004) (California law: fabricated evidence or wrongful official conduct permits relitigation)
- Devereaux v. Abbey, 263 F.3d 1070 (9th Cir. 2001) (standard of review for summary judgment)
- Allen v. McCurry, 449 U.S. 90 (1980) (preclusive effect of state court criminal proceedings in later civil suits)
- Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75 (1984) (Full Faith and Credit for state judgments)
- Falline v. GNLV Corp., 823 P.2d 888 (Nev. 1991) (discretionary‑act immunity does not protect bad‑faith or intentional misconduct)
- Davis v. City of Las Vegas, 478 F.3d 1048 (9th Cir. 2007) (officer immunity unavailable where conduct shows hostility or willful disregard for rights)