Background
Deborah Moller, as the successor-in-interest to her deceased son Bret Breunig, appealed a district court ruling granting summary judgment to San Bernardino County Deputy Breana Fite. Moller asserted claims under 42 U.S.C. Section 1983 for qualified immunity violations, municipal liability, and a violation of California’s Bane Act, alongside a state law negligence claim. The underlying incident involved Deputy Fite providing a courtesy ride to Breunig, who was in withdrawal, before dropping him on the side of the road near a train crossing, where he was subsequently struck and killed.
The court’s reasoning
The panel exercised its discretion to address qualified immunity at the second step, concluding that controlling precedent did not clearly establish the asserted rights. Regarding the special relationship claim, the court found the cited district court opinion insufficient as it involved incarceration rather than a brief detention. For the state-created danger claim, the court distinguished prior cases involving hypothermia and high-crime areas, noting that the specific harm of attempting to board a train was not a known or obvious consequence of the deputy’s actions. The court affirmed the dismissal of the municipal liability claim because the plaintiff’s examples did not demonstrate a longstanding practice or custom. The Bane Act claim failed due to a lack of evidence that the deputy’s instructions constituted threats or coercion. Finally, the negligence claim was properly dismissed as a matter of law because the deputy owed no duty to prevent the decedent’s own suicidal conduct, which constituted a superseding cause.
The dissent
Deputy Fite’s actions exposed Breunig to a danger which he would not have otherwise faced.
Mendoza, Jr.
What it means going forward
The ruling reinforces the high bar for establishing clearly established law in state-created danger cases involving non-custodial interactions and limits municipal liability where isolated incidents do not demonstrate a consistent policy or custom.