White et al. v. King County Sheriff's Office et al.
2:23-cv-01761
W.D. Wash.Feb 6, 2024Background
- Plaintiffs, Melissa and Roger White, own and reside at a private, gated property in Kent, Washington with their sons.
- On February 7, 2021, sheriff’s deputies entered their gated driveway without a warrant, trespassing onto the curtilage of the property.
- Deputies allegedly conducted an inquiry regarding ownership of the plaintiffs’ truck and ordered their son Killian to exit the house; they then seized him without parental consent or a warrant.
- Killian did not return home that night, subsequently calling the Plaintiffs in distress.
- Plaintiffs filed suit under 42 U.S.C. §§ 1983 and 1985, bringing Fourth, Fifth, and Fourteenth Amendment claims as well as state law claims for conspiracy and negligence.
- The Court raised, sua sponte, concerns about subject matter jurisdiction, specifically whether the Plaintiffs have standing to sue for alleged violations of their son’s constitutional rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to assert Fourth Amendment rights | Whites allege their rights violated by son's seizure | Only the person seized may assert the claim | Only persons whose rights were violated have standing |
| Standing for unreasonable truck "search" | Whites allege inquiry into truck ownership is search | License plate search is not a search | No reasonable expectation of privacy in license plates |
| Federal subject matter jurisdiction | Federal rights asserted under §§ 1983 and 1985 | No standing, thus no jurisdiction | Must show standing or action will be dismissed |
| Viability of constitutional claims by parents | Whites claim injury due to son's distress | Only directly injured parties may claim | Parents generally cannot assert child's constitutional rights |
Key Cases Cited
- Moreland v. Las Vegas Metro. Police Dept., 159 F.3d 365 (9th Cir. 1998) (Fourth Amendment rights are personal and cannot be vicariously asserted)
- Alderman v. United States, 394 U.S. 165 (1969) (affirming that Fourth Amendment rights are personal)
- Warth v. Seldin, 422 U.S. 490 (1975) (prudential standing requires a plaintiff to assert their own rights, not third parties)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (Article III standing requires injury-in-fact, causation, and redressability)
- United States v. Diaz-Castaneda, 494 F.3d 1146 (9th Cir. 2007) (no expectation of privacy in license plate information)