Background
Vicki Chang, proceeding pro se, appealed from a district court judgment in her action alleging violations of the Fourth and Fourteenth Amendments and state law claims. The claims arose from her forcible removal from the University of Washington Harborview Medical Center and a subsequent visit to the same hospital. The district court had dismissed various claims against individual defendants and the City of Seattle.
The court’s reasoning
The panel reviewed the case de novo. Regarding excessive force, the court found the district court properly applied the facts as depicted by the videotape, concluding the defendants’ use of force was minimal and objectively reasonable under the totality of the circumstances. On property claims, the court held that Chang failed to allege facts showing meaningful interference with her possessory interest in her purse. For Fourteenth Amendment due process claims regarding property damage, the court noted that state law provides an adequate post-deprivation remedy. Claims against the city and other officers were dismissed because Chang failed to allege facts showing those defendants caused or participated in constitutional violations. State tort claims were dismissed due to the failure to file complete and proper verified claims with the relevant agencies before commencing the action.
What it means going forward
The decision reinforces that video evidence can be dispositive in excessive force summary judgment motions and clarifies the pleading requirements for property seizure and state tort claims in the Ninth Circuit.