Mosher v. Mesa, City of
2:22-cv-00833
D. Ariz.Dec 9, 2024Background
- Plaintiff William Mosher was stopped by police in Mesa, AZ; law enforcement used force on Mosher, despite him following commands and not being the subject of the warrant.
- Officers allegedly fabricated police reports, claiming Mosher posed an imminent threat, which led to Mosher’s prosecution for resisting arrest and obstruction.
- Mosher was acquitted on the resisting arrest charge; the obstruction charge was dropped before trial.
- Mosher then filed suit, asserting claims for excessive force, malicious prosecution, Monell liability, battery, negligence/gross negligence, and malicious prosecution under state law.
- Defendants moved to dismiss all but the excessive force claim (Counts II–VI); Mosher agreed to dismiss the Monell claim (Count III) with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal malicious prosecution | Prosecution intended to suppress First Amendment rights | State remedy exists; no constitutional violation; no causal link | Denied dismissal; claim can proceed |
| State malicious prosecution | Officers fabricated evidence, causing prosecution without cause | Prosecutorial independence not rebutted; probable cause existed | Denied dismissal; claim can proceed |
| Battery claim (vicarious liability) | Officers used unjustified force; City knew of excessive force | Barred by Ryan v. Napier and statutory immunity | Denied dismissal; claim can proceed |
| Negligence claim (training/supervision) | City failed to supervise/train despite knowledge of excessive force | Claims are conclusory or barred by statutory immunity | Denied dismissal; claim can proceed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausibility under Rule 8)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard; threadbare recitals insufficient)
- Monell v. Dep’t Soc. Servs., 436 U.S. 658 (local government liability under § 1983)
- Awabdy v. City of Adelanto, 368 F.3d 1062 (standards for malicious prosecution claims when officers allegedly fabricate evidence)
- District of Columbia v. Wesby, 583 U.S. 48 (standard for probable cause in arrests)
- Illinois v. Gates, 462 U.S. 213 (probable cause requires only a substantial chance of criminal activity)