Johnson v. City of Seattle

Michael A. Johnson and ten other persons (collectively the “Pioneer Square Plaintiffs”) appeal from the district court’s order granting summary judgment in favor of the City of Seattle, Paul Schell (former Mayor of Seattle), and R. Gil Ker-likowske (Chief of the Seattle Police Department) (collectively “Defendants”). The Pioneer Square Plaintiffs contend that the district court erred in dismissing their 42 U.S.C. § 1983 claim because the Defendants’ change in police enforcement policy violated their Fourteenth Amendment right to due process by affirmatively placing them in a position of enhanced danger. We affirm the district court’s decision to dismiss the § 1983 claim because we conclude that the Pioneer Square Plaintiffs have failed to demonstrate that the Defendants violated their constitutional rights.

I

The undisputed facts reveal that private businesses annually sponsor a Mardi Gras celebration in Seattle’s Pioneer Square District. The 2001 celebration was scheduled to run from Friday, February 23, 2001 through Tuesday, February 27, 2001. Seattle’s prior Mardi Gras celebrations have had a generally peaceful history, and, with the exception of a minor skirmish in 2000,…