Wendy Pauluk v. Glenn Savage
836 F.3d 1117
| 9th Cir. | 2016Background
- Daniel Pauluk, a Clark County Health District (CCHD) employee, alleged health decline and later death from prolonged exposure to toxic mold at the Shadow Lane CCHD facility after being transferred there in 2003 over his objections.
- Pauluk repeatedly complained about mold and requested transfers; supervisors Edmund Wojcik and Glenn Savage were in his chain of command and denied his transfer requests.
- Medical testimony linked Pauluk’s respiratory and systemic illnesses, and ultimately his death, to mold exposure; death certificate amended to list "mixed mold mycotoxicosis."
- Plaintiffs (widow and daughters) sued under 42 U.S.C. § 1983 alleging a Fourteenth Amendment state-created danger due process violation; Monell claim against CCHD remained pending.
- District court denied summary judgment as to individual defendants on due process claims; Wojcik and Savage appealed interlocutorily, asserting qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins bars a state-created danger due-process claim based on workplace physical conditions | Pauluk can pursue a state-created danger claim despite Collins because defendants affirmatively placed him in danger | Collins precludes recognizing a federal right to a safe workplace | Court: Collins does not bar state-created danger claims in workplace settings; exception still viable |
| Whether plaintiffs' facts (transfer + knowledge of mold) satisfy state-created danger elements (affirmative act; deliberate indifference; particularized, foreseeable harm) | Transfer back to Shadow Lane and denial of transfers were affirmative acts that placed Pauluk in a worse position; supervisors knew of mold risks and acted with deliberate indifference | Defendants dispute affirmative conduct and deliberate indifference; contend transfer did not make his situation worse and risks were not particularized or known | Court: Viewing evidence favorably to plaintiffs, facts suffice to show a potential state-created danger violation |
| Whether Wojcik and Savage are entitled to qualified immunity | Plaintiffs: controlling precedent put supervisors on notice their conduct was unlawful | Defendants: reasonable officers lacked fair notice due to Collins and factual differences; qualified immunity applies | Court: Qualified immunity granted — right was not clearly established given Collins and factual similarity to it |
| Whether municipal defendant (CCHD) remains liable under Monell | Plaintiffs pursue Monell liability for policies/customs causing exposure | CCHD not immune; Monell liability distinct from individual qualified immunity | Court: Left Monell claim for district court; county agency not entitled to qualified immunity |
Key Cases Cited
- Collins v. City of Harker Heights, 503 U.S. 115 (1992) (Due Process does not create a freestanding right to a safe workplace)
- DeShaney v. Winnebago County Dep’t of Social Servs., 489 U.S. 189 (1989) (state generally has no constitutional duty to protect from private harms; liability when state plays a part in creating danger)
- Wood v. Ostrander, 879 F.2d 583 (9th Cir. 1989) (recognizing state-created danger where officer left a passenger stranded in a high-crime area)
- L.W. v. Grubbs, 974 F.2d 119 (9th Cir. 1992) (state-created danger theory applied where prisoner with known violent history was assigned to work with a nurse)
- Kennedy v. City of Ridgefield, 439 F.3d 1055 (9th Cir. 2006) (affirmative action requirement: state conduct must create an actual, particularized danger)
- Patel v. Kent Sch. Dist., 648 F.3d 965 (9th Cir. 2011) (deliberate indifference is a stringent standard for state-created danger claims)
- Hope v. Pelzer, 536 U.S. 730 (2002) (clearly established law standard for qualified immunity)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 for constitutional violations caused by policy or custom)