814 F.3d 1151
10th Cir.2016Background
- Schaffer was ticketed by Salt Lake City parking enforcement officers Hollingshead and Cameron after parking in a no-parking zone; an on-scene dispute with another motorist occurred.
- As Schaffer drove away, officers yelled and pounded the truck; Cameron (on dispatch line) and Hollingshead later reported that Schaffer had hit them and the City vehicle and that the side mirror was broken.
- Officer Stumm, responding to the officers’ report, later located Schaffer’s truck at her home, observed marks consistent with the officers’ statements, and arrested and booked Schaffer for aggravated assault and criminal mischief.
- Schaffer was acquitted at trial and then sued under 42 U.S.C. § 1983 for malicious prosecution against the parking officers and the City (and originally Stumm, though she abandoned that appeal).
- District court granted summary judgment for defendants; the Tenth Circuit considered only whether the parking officers acted under color of state law (a prerequisite for § 1983 liability) and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers acted under color of state law when reporting and testifying | Schaffer: officers used their official status and were on duty, so their false statements were state action | Officers/City: giving witness statements and reporting incidents is a private act; no use of statutory authority or state power in reporting/testimony | Court: No — officers did not act under color of state law when reporting or testifying; they acted as private citizens |
| Whether officers were joint actors with police (concerted action) | Schaffer: officers’ reports and statements effectively prompted and aided prosecution, showing joint action with police | Defendants: merely furnishing information to police, and Stumm conducted an independent investigation before arresting Schaffer | Court: No — furnishing information alone is insufficient; no evidence of shared unconstitutional goal or that police substituted private judgment for their own |
| Municipal liability for officers’ conduct | Schaffer: City liable under Monell via officers’ conduct and resulting prosecution | City: municipal liability requires an underlying constitutional violation by state actors; here officers did not act under color of law | Court: No municipal liability because officers did not commit state-action; thus no § 1983 claim against City |
| Sufficiency of evidence to defeat summary judgment on state-action/joint-action | Schaffer: factual disputes (e.g., whether truck struck officers) preclude summary judgment | Defendants: undisputed record shows only reports and statements; Stumm’s independent steps (photos, locating truck, marks) broke causal link | Court: Summary judgment affirmed — even viewing facts for plaintiff, legal standard for color of state law/joint action not met |
Key Cases Cited
- Twigg v. Hawker Beechcraft Corp., 659 F.3d 987 (10th Cir. 2011) (summary judgment standard and de novo review)
- D.T. ex rel. M.T. v. Indep. Sch. Dist. No. 16, 894 F.2d 1176 (10th Cir. 1990) (elements of § 1983 and color-of-state-law discussion)
- Haines v. Fisher, 82 F.3d 1503 (10th Cir. 1996) (badge-of-authority test for acting under color of state law)
- West v. Atkins, 487 U.S. 42 (1988) (defining color of state law as exercise of power by virtue of state authority)
- Jojola v. Chavez, 55 F.3d 488 (10th Cir. 1995) (no state action where private conduct lacked nexus to official authority)
- Gallagher v. Neil Young Freedom Concert, 49 F.3d 1442 (10th Cir. 1995) (joint-action/concerted-action framework)
- Benavidez v. Gunnell, 722 F.2d 615 (10th Cir. 1983) (mere furnishing of information to police does not create joint action)
- Carey v. Continental Airlines, 823 F.2d 1402 (10th Cir. 1987) (private complaint to police does not show substitution of police judgment absent evidence)
- Lee v. Town of Estes Park, Colo., 820 F.2d 1112 (10th Cir. 1987) (property owner’s complaint did not amount to joint action where officer independently decided to charge)
- Hinton v. City of Elwood, 997 F.2d 774 (10th Cir. 1993) (municipal liability requires an underlying constitutional violation by officers)