Johnathan Fields v. Justin McQueen ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 26 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNATHAN ARTHUR FIELDS, No. 18-16389
Plaintiff-Appellant, D.C. No. 2:16-cv-02863-GMS
v.
MEMORANDUM*
JUSTIN McQUEEN, #8063; Police Officer
at Phoenix Police Department,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Johnathan Arthur Fields appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising
from his arrest. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1915A); Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010) (dismissal
under Fed. R. Civ. P. 12(b)(6)); Lukovsky v. City & County of San Francisco, 535
F.3d 1044, 1047 (9th Cir. 2008) (dismissal based on the statute of limitations). We
affirm in part, reverse in part, and remand.
The district court properly dismissed Fields’s Fourth Amendment unlawful
search and seizure claim as time-barred because Fields filed this action after the
applicable statute of limitations had run. See Ariz. Rev. Stat. § 12-542; TwoRivers
v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999) (two-year statute of limitations for
§ 1983 actions brought in Arizona); see also Belanus v. Clark, 796 F.3d 1021,
1026 (9th Cir. 2015) (“[F]ederal law holds that a cause of action for illegal search
and seizure accrues when the wrongful act occurs, even if the person does not
know at that time that the search was warrantless.” (internal citation omitted)).
The district court dismissed Fields’s malicious prosecution claim because
Fields failed to allege that he was prosecuted in the absence of probable cause.
However, Fields alleged that defendant McQueen falsely stated in his police report
that Fields had consented to a search. These allegations are sufficient to state a
claim. See Awabdy v. City of Adelanto, 368 F.3d 1062, 1066-68 (9th Cir. 2004)
(setting forth elements of a malicious prosecution claim and stating that a finding
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of probable cause can be rebutted by “showing that the criminal prosecution was
induced by fraud, corruption, perjury, fabricated evidence, or other wrongful
conduct undertaken in bad faith”). We reverse the district court’s judgment in part
and remand for further proceedings on Fields’s malicious prosecution claim.
Furthermore, because the district court did not address Fields’s false imprisonment
and intentional infliction of emotional distress claims, we remand for the district
court to consider these claims in the first instance.
The district court did not abuse its discretion by denying Fields’s motions
for leave to amend the complaint because Fields failed to comply with the local
rules. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th
Cir. 2011) (setting forth standard of review); Bias v. Moynihan, 508 F.3d 1212,
1223 (9th Cir. 2007) (“Broad deference is given to a district court’s interpretation
of its local rules.” (citation omitted)).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Fields’s “motion for answering brief” (Docket Entry No. 22) is denied as
unnecessary.
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The parties shall bear their own costs on appeal.
AFFIRMED in part, REVERSED in part, and REMANDED.
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