Sunita Patel v. Maricopa County , 585 F. App'x 452 ( 2014 )

FILED
NOT FOR PUBLICATION OCT 17 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUNITA PATEL, No. 12-16634
Plaintiff - Appellant, D.C. No. 2:11-cv-01489-NVW
v.
MEMORANDUM*
MARICOPA COUNTY; JOSEPH M.
ARPAIO; DAVID HENDERSHOTT;
BRIAN SANDS; DAVID TROMBI;
CHAD BRACKMAN; GARY MCGUIRE,
individually and in their official capacities;
AVA ARPAIO; ANNA HENDERSHOTT;
JANE DOE BRACKMAN; JANE DOE
MCGUIRE, individually; JOHN AND
JANE DOES, 1-8 (whose identities are
unknown but who are known to be
Deputies and/or supervisory personnel of
the Maricopa County Sheriff's Office,
individually and in their official capacities,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Argued and Submitted October 8, 2014
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Phoenix, Arizona
Before: D.W. NELSON, SILVERMAN, and M. SMITH, Circuit Judges.
Sunita Patel appeals the district court’s order granting summary judgment in
favor of Maricopa County and six individual Maricopa County Sheriff’s Office
deputies and officials. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we
affirm.
The district court did not err in granting summary judgment to the
Defendants-Appellees. Under the totality of the circumstances known to the
Deputy McGuire at the time of the arrest, a reasonable officer would believe that
he or she had probable cause to arrest Patel for willfully failing to comply with
Lieutenant Brackman’s order to “clear the driveway.” Thus, the district court did
not err in finding, as a matter of law, that Deputy McGuire had probable cause to
arrest Patel.
As there was probable cause to arrest Patel for willfully failing to comply
with an official order, the Court need not address qualified immunity or whether
Deputy McGuire also had probable cause to arrest Patel for recklessly interfering
with traffic on a public thoroughfare or highway. Torres v. City of Los Angeles,
548 F.3d 1197, 1207 (9th Cir. 2008). In addition, Patel’s Monell and supervisory
liability claims fail as there was no underlying constitutional violation.
2
The district court did not err in granting summary judgment in favor of
Defendants-Appellees on all of Patel’s claims.
AFFIRMED
3