Janet Schroer and the Hart Wagner appellate team won affirmance for defendant city and police officer of the trial court’s dismissal with prejudice of all of the multiple state and federal claims brought by the plaintiff Estate, and all claims but the ADA/Rehab Act claim asserted by plaintiff individually.
The Estate claimed defendants violated state and federal law in failing to take decedent into custody during manic episodes. He committed suicide several days later. The 9th Circuit held that the District Court properly dismissed with prejudice all of the Estate’s claims, including under the ADA and Rehab. Act, along with state law wrongful death statute, as there is no right to be arrested because of a disability, and no requirement to impose services on disabled individuals who do not desire help, and the defendants’ acts were not a substantial factor in decedent’s death. The court also held the defendants did not violate decedent’s substantive Due Process because the 14th Amendment does not confer an affirmative right to governmental aid.
The 9th Circuit affirmed the dismissal of Dunlap’s procedural Due Process claim because Oregon’s mandatory arrest statute, ORS 133.055 did not create any property interest protected by Due Process.
The 9th Circuit reversed Dunlap’s associational claims under the ADA/Rehab Act, as she alleged sufficient facts to show that by reason of her husband’s disability, and her association with him, she was denied a benefit-arrest of her husband for domestic abuse- as mandated by Oregon law when defendant had probable cause to arrest decedent. Dunlap v. City of Sandy and Officer Hodges.